New York Consolidated Laws

N.Y. Penal Law § 178.25 (2026)

Criminal diversion of prescription medications and prescriptions in the first degree

✓ current as of May 2026

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§ 178.25 Criminal diversion of prescription medications and
           prescriptions in the first degree.
  A person is guilty of criminal diversion of prescription medications
and prescriptions in the first degree when he or she commits a criminal
diversion act, and the value of the benefit exchanged is in excess of
fifty thousand dollars.
  Criminal diversion of prescription medications and prescriptions in
the first degree is a class C felony.

Notes of Decisions

Cited in 2 cases, 1998–2019 · leading case: People v. Fetcho, 698 N.E.2d 935 (NY 1998).

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People v. Fetcho, 698 N.E.2d 935 (NY 1998). “54) and criminal diversion of prescription medications and prescriptions in the first degree (Penal Law § 178.25). The indictment grew out of an investigation by the Attorney-General’s Medicaid Fraud Unit involving other defendants and the suspected diversion of millions of…”

People v. Gross, 2019 NY Slip Op 461 (N.Y. App. Div. 2019). “A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act and the value of the benefit exchanged is in excess of $50,000 ( see Penal Law § 178.25). As charged to the jury in the…”

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