N.Y. Penal Law § 220.34

§ 220.34 Criminal sale of a controlled substance in the fourth degree.\n A person is guilty of criminal sale of a controlled substance in the\nfourth degree when he knowingly and unlawfully sells:\n 1. a narcotic preparation; or\n 2. a dangerous depressant or a depressant and the dangerous depressant\nweighs ten ounces or more, or the depressant weighs two pounds or more;\nor\n 4. phencyclidine and the phencyclidine weighs fifty milligrams or\nmore; or\n 5. methadone; or\n 6. any amount of phencyclidine and has previously been convicted of an\noffense defined in this article or the attempt or conspiracy to commit\nany such offense; or\n 6-a. ketamine and said ketamine weighs four thousand milligrams or\nmore.\n 7. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon school grounds or on a school\nbus; or\n 8. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon the grounds of a child day care\nor educational facility under circumstances evincing knowledge by the\ndefendant that such sale is taking place upon such grounds. As used in\nthis subdivision, the phrase "the grounds of a child day care or\neducational facility" shall have the same meaning as provided for in\nsubdivision five of section 220.44 of this article. For the purposes of\nthis subdivision, a rebuttable presumption shall be established that a\nperson has knowledge that they are within the grounds of a child day\ncare or educational facility when notice is conspicuously posted of the\npresence or proximity of such facility; or\n 9. 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 sale of a controlled substance in the fourth degree is a\nclass C felony.\n