Criminal Sale of a Controlled Substance in the Fourth Degree

Definition under New York law

PL 220.34 · Original statutory wording; excerpts must be read together with the full section.

§ 220.34 Criminal sale of a controlled substance in the fourth degree.A person is guilty of criminal sale of a controlled substance in thefourth degree when he knowingly and unlawfully sells:1. a narcotic preparation; or2. a dangerous depressant or a depressant and the dangerous depressantweighs ten ounces or more, or the depressant weighs two pounds or more;or4. phencyclidine and the phencyclidine weighs fifty milligrams ormore; or5. methadone; or6. any amount of phencyclidine and has previously been convicted of anoffense defined in this article or the attempt or conspiracy to commitany such offense; or6-a. ketamine and said ketamine weighs four thousand milligrams ormore.7. a controlled substance in violation of section 220.31 of thisarticle, when such sale takes place upon school grounds or on a schoolbus; or8. a controlled substance in violation of section 220.31 of thisarticle, when such sale takes place upon the grounds of a child day careor educational facility under circumstances evincing knowledge by thedefendant that such sale is taking place upon such grounds. As used inthis subdivision, the phrase "the grounds of a child day care oreducational facility" shall have the same meaning as provided for insubdivision five of section 220.44 of this article. For the purposes ofthis subdivision, a rebuttable presumption shall be established that aperson has knowledge that they are within the grounds of a child daycare or educational facility when notice is conspicuously posted of thepresence or proximity of such facility; or9. one or more preparations, compounds, mixtures or substancescontaining gamma hydroxybutyric acid, as defined in paragraph four ofsubdivision (e) of schedule I of section thirty-three hundred six of thepublic health law, and said preparations, compounds, mixtures orsubstances are of an aggregate weight of twenty-eight grams or more.Criminal sale of a controlled substance in the fourth degree is aclass C felony.

In everyday language

This section covers several alternative forms of knowing and unlawful controlled-substance sales, distinguished by substance, weight, a specified prior conviction, or location. The child day care or educational facility alternative also requires circumstances showing knowledge of the location and provides a rebuttable presumption based on conspicuously posted notice.

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.