New York Consolidated Laws

N.Y. Penal Law § 220.03 (2026)

Criminal possession of a controlled substance in the seventh degree

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 220.03 Criminal possession of a controlled substance in the seventh
           degree.
  A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully possesses a
controlled substance; provided, however, that it shall not be a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on a hypodermic
syringe or hypodermic needle; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of this article,
for either another person or him or herself because such person is
experiencing a drug or alcohol overdose or other life threatening
medical emergency as defined in paragraph (a) of subdivision three of
section 220.78 of this article.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.

Notes of Decisions

Cited in 514 cases (90 in the last 5 years), 1975–2026 · leading case: People v. Kalin, 906 N.E.2d 381 (NY 2009).

Sort: Relevance Newest Treatment

People v. Kalin, 906 N.E.2d 381 (NY 2009). · cites it 2× “Here, defendant pleaded guilty to criminal possession of a controlled substance in the seventh degree, the elements of which are the knowing and unlawful possession of a controlled substance in the State of New York (see Penal Law § 220.03). In the accusatory instrument, the…”

People v. Parsons (Jerome), 69 Misc. 3d 11 (N.Y. App. Term. 2020). · cites it 8× “We are frequently asked to review the facial sufficiency of accusatory instruments charging defendants with criminal possession of a controlled substance in the seventh degree ( see Penal Law § 220.03). Typically, we find that such accusatory instruments, be they informations or…”

People v. Mizell, 532 N.E.2d 1249 (NY 1988). · cites it 6× “Defendant was arraigned on a misdemeanor complaint charging him with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). The complaint, sworn by a police officer, stated that defendant knowingly and unlawfully possessed two vials containing…”

People v. Ryan, 626 N.E.2d 51 (NY 1993). · cites it 3× “There are six degrees of criminal possession of a controlled substance, graded in severity from a class A misdemeanor (Penal Law § 220.03 [seventh degree]) up to an A-I felony (Penal Law § 220.”

People v. Crampe, 957 N.E.2d 255 (NY 2011). · cites it 2× “The town justice then asked defendant if he intended to proceed pro se, and defendant replied “I guess[ ] so, your Honor.” This exchange prompted the judge to hand defendant a pretrial order meant to apply to the six cases then pending against him.”

The People v. Dennis P. Smalls, 44 N.E.3d 209 (NY 2015). “On this appeal, the main issue is whether a misdemeanor information that describes the circumstances surrounding the defendant’s possession of alleged drug residue, the appearance of the residue, and the officer’s experience in identifying controlled substances sets forth a…”

People v. Swamp, 646 N.E.2d 774 (NY 1995). · cites it 2× “06 [5] cocaine) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03 valium). The trial court dismissed these charges, noting that while the field tests were sufficient for an arrest, they were insufficient for indictment.”

Andrews v. LeCLAIRE, 709 F. Supp. 2d 269 (S.D.N.Y. 2010). · cites it 2× “16 ), and two counts of Criminal Possession of a Controlled Substance in the Seventh Degree ( N.Y. Penal Law § 220.03 ). Aff. in Opp. to Pet.”

People v. Leader, 27 A.D.3d 901 (N.Y. App. Div. 2006). “Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we find that there was legally sufficient evidence that defendant “knowingly *904 and unlawfully possessed] ” the requisite quantity of controlled substances or…”

People v. Alvino, 519 N.E.2d 808 (NY 1987). “16 [intent to sell]) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). The charges arose from an incident observed by a four-man police team during their surveillance of a Manhattan schoolyard.”

United States v. Sum of $185,336.07 United States Currency Seized From Citizen's Bank Account L7N01967, 731 F.3d 189 (2d Cir. 2013). · cites it 2× “On July 11, 2008, he pleaded guilty in state court to one count of criminal possession of a controlled substance in the seventh degree, in violation of N.Y. Penal Law § 220.03 . 2 Pellegrino was sentenced on September 11, 2008 to a “conditional discharge.”

George Overton v. James Newton, Superintendent of the Watertown Corr. Facility, 295 F.3d 270 (2d Cir. 2002). “16 [1], and criminal possession of a controlled substance in the seventh degree, in violation of N.Y. Penal Law § 220.03 . Overton was sentenced to a six to twelve-year term of imprisonment and, at the time of the district court’s ■ order, had been on parole for over two years.”

Show all 514 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.