N.Y. Penal Law § 220.39

§ 220.39 Criminal sale of a controlled substance in the third degree.\n A person is guilty of criminal sale of a controlled substance in the\nthird degree when he knowingly and unlawfully sells:\n 1. a narcotic drug; or\n 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic\nacid diethylamide and has previously been convicted of an offense\ndefined in article two hundred twenty or the attempt or conspiracy to\ncommit any such offense; or\n 3. a stimulant and the stimulant weighs one gram or more; or\n 4. lysergic acid diethylamide and the lysergic acid diethylamide\nweighs one milligram or more; or\n 5. a hallucinogen and the hallucinogen weighs twenty-five milligrams\nor more; or\n 6. a hallucinogenic substance and the hallucinogenic substance weighs\none gram or more; or\n 7. one or more preparations, compounds, mixtures or substances\ncontaining methamphetamine, its salts, isomers or salts of isomers and\nthe preparations, compounds, mixtures or substances are of an aggregate\nweight of one-eighth ounce or more; or\n 8. phencyclidine and the phencyclidine weighs two hundred fifty\nmilligrams or more; or\n 9. a narcotic preparation to a person less than twenty-one years old.\n Criminal sale of a controlled substance in the third degree is a class\nB felony.\n