§ 220.06 Criminal possession of a controlled substance in the fifth\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe fifth degree when he knowingly and unlawfully possesses:\n 1. a controlled substance with intent to sell it; or\n 2. one or more preparations, compounds, mixtures or substances\ncontaining a narcotic preparation and said preparations, compounds,\nmixtures or substances are of an aggregate weight of one-half ounce or\nmore; or\n 3. phencyclidine and said phencyclidine weighs fifty milligrams or\nmore; or\n 5. cocaine and said cocaine weighs five hundred milligrams or more.\n 6. ketamine and said ketamine weighs more than one thousand\nmilligrams; or\n 7. ketamine and has previously been convicted of possession or the\nattempt to commit possession of ketamine in any amount; or\n 8. one or more preparations, compounds, mixtures or substances\ncontaining gamma hydroxybutyric acid, as defined in paragraph four of\nsubdivision (e) of schedule I of section thirty-three hundred six of the\npublic health law, and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of twenty-eight grams or more.\n Criminal possession of a controlled substance in the fifth degree is a\nclass D felony.\n
N.Y. Penal Law § 220.06
Criminal possession of a controlled substance in the fifth degree
Applied in 8 court decisions — leading case People v. King (2021)
Most recently applied in People v. Smith (February 2023)
2021-04-02
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.