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N.Y. Penal Law § 220.41

Criminal sale of a controlled substance in the second degree

Applied in 17 court decisions — leading case People v. Cochran (2016)

Most recently applied in United States v. Austin Lee (April 2024)

2014-09-22

How often courts cite this section

20142020202460
citing decisions per year

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.

§ 220.41 Criminal sale of a controlled substance in the second degree.\n A person is guilty of criminal sale of a controlled substance in the\nsecond degree when he knowingly and unlawfully sells:\n 1. one or more preparations, compounds, mixtures or substances\ncontaining a narcotic drug and the preparations, compounds, mixtures or\nsubstances are of an aggregate weight of one-half ounce or more; or\n 2. 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-half ounce or more; or\n 3. a stimulant and the stimulant weighs five grams or more; or\n 4. lysergic acid diethylamide and the lysergic acid diethylamide\nweighs five milligrams or more; or\n 5. a hallucinogen and the hallucinogen weighs one hundred twenty-five\nmilligrams or more; or\n 6. a hallucinogenic substance and the hallucinogenic substance weighs\nfive grams or more; or\n 7. methadone and the methadone weighs three hundred sixty milligrams\nor more.\n Criminal sale of a controlled substance in the second degree is a\nclass A-II felony.\n

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.