PL 220.43 · Article 220
Criminal Sale of a Controlled Substance in the First Degree
This section provides two alternative routes for a knowing and unlawful sale: qualifying material containing a narcotic drug at the specified aggregate weight, or methadone at its specified weight. The two routes have different weight thresholds and need not both be established.
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PL 220.43 · Original statutory wording; excerpts must be read together with the full section.
§ 220.43 Criminal sale of a controlled substance in the first degree.A person is guilty of criminal sale of a controlled substance in thefirst degree when he knowingly and unlawfully sells:1. one or more preparations, compounds, mixtures or substancescontaining a narcotic drug and the preparations, compounds, mixtures orsubstances are of an aggregate weight of two ounces or more; or2. methadone and the methadone weighs two thousand eight hundredeighty milligrams or more.Criminal sale of a controlled substance in the first degree is a classA-I felony.Read the full section at the New York State SenateIn everyday language
This section provides two alternative routes for a knowing and unlawful sale: qualifying material containing a narcotic drug at the specified aggregate weight, or methadone at its specified weight. The two routes have different weight thresholds and need not both be established.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused knowingly and unlawfully sold material satisfying either of the following alternatives; the alternatives are not cumulative.
- One or more preparations, compounds, mixtures, or substances containing a narcotic drug, with an aggregate weight of at least two ounces.
- Methadone weighing at least two thousand eight hundred eighty milligrams.
Defenses that commonly apply
- What evidence establishes that the person accused made the alleged sale knowingly and unlawfully?
- Does testing establish a narcotic drug in the qualifying material or identify the material as methadone?
- Do the measurements reliably establish two ounces of aggregate qualifying material or two thousand eight hundred eighty milligrams of methadone, as applicable?
Penalties and collateral consequences
A Class A-I Felony carries a maximum sentence of up to life and a fine of up to $5,000.
Common questions about your defense
Does the narcotic-drug alternative require two ounces of pure narcotic drug?
The supplied statute measures the aggregate weight of the preparations, compounds, mixtures, or substances containing a narcotic drug, not just the pure drug. A challenge may be available if the evidence fails to establish the narcotic content or the required aggregate weight. The prosecutor must prove those requirements and the knowing and unlawful sale beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 220.41 · Class A-II Felony
PL 220.50 · Class A Misdemeanor
PL 220.03 · Class A Misdemeanor
PL 220.06 · Class D Felony
PL 220.09 · Class C Felony
PL 220.16 · Class B Felony
PL 220.18 · Class A-II Felony
PL 220.21 · Class A-I Felony