N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Health and Morals / ARTICLE Controlled Substances Offenses
New York Consolidated Laws

N.Y. Penal Law § 220.34 (2026)

Criminal sale of a controlled substance in the fourth degree

✓ current as of May 2026
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§ 220.34 Criminal sale of a controlled substance in the fourth degree.
  A person is guilty of criminal sale of a controlled substance in the
fourth degree when he knowingly and unlawfully sells:
  1. a narcotic preparation; or
  2. a dangerous depressant or a depressant and the dangerous depressant
weighs ten ounces or more, or the depressant weighs two pounds or more;
or
  4. phencyclidine and the phencyclidine weighs fifty milligrams or
more; or
  5. methadone; or
  6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or
  6-a. ketamine and said ketamine weighs four thousand milligrams or
more.
  7. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon school grounds or on a school
bus; or
  8. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon the grounds of a child day care
or educational facility under circumstances evincing knowledge by the
defendant that such sale is taking place upon such grounds. As used in
this subdivision, the phrase "the grounds of a child day care or
educational facility" shall have the same meaning as provided for in
subdivision five of section 220.44 of this article. For the purposes of
this subdivision, a rebuttable presumption shall be established that a
person has knowledge that they are within the grounds of a child day
care or educational facility when notice is conspicuously posted of the
presence or proximity of such facility; or
  9. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more.
  Criminal sale of a controlled substance in the fourth degree is a
class C felony.
Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1987–2026 · leading case: State v. Reynolds, 836 A.2d 224 (Conn. 2003).
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State v. Reynolds, 836 A.2d 224 (Conn. 2003). · cites it 11× “55 N.Y. Penal Law § 220.34 (McKinney 1980). In support of its claim regarding the existence of the aggravating factor enumerated in § 53a-46a (h) (1), the state alleged that the defendant had murdered Williams during the attempted commission of a felony, namely, the sale of a…”
People v. Gilmore, 12 A.D.3d 1155 (N.Y. App. Div. 2004). “om be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: On appeal from a judgment…”
People v. Mayeaux, 2021 NY Slip Op 05051 (N.Y. App. Div. 2021). “Although defendant expressed [*2]remorse for his actions and has no known criminal history, his actions violated a position of trust and had an enduring, harmful impact on the victim and her family.”
People v. Ibarrondo, 2017 NY Slip Op 3643 (N.Y. App. Div. 2017). “It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Livingston County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal…”
People v. McCorkle, 298 A.D.2d 848 (N.Y. App. Div. 2002). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]), sentencing him to an indeterminate term of incarceration of 3 to 6 years, and ordering him to make…”
People v. Tedesco, 143 A.D.3d 1279 (N.Y. App. Div. 2016). “Memorandum: Defendant appeals from a judgment revoking the sentence of probation imposed upon his conviction of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]) and sentencing him to a determinate term of imprisonment, followed by a period of…”
People v. Hawkins, 70 A.D.3d 1389 (N.Y. App. Div. 2010). “Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]) and attempted promoting prison contraband in the first degree (§§ 110.”
People v. Shanley, 15 A.D.3d 921 (N.Y. App. Div. 2005). “Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]), criminal possession of a controlled substance in the fifth degree (§ 220.”
People v. Rhodes, 62 A.D.3d 815 (N.Y. App. Div. 2009). “16 [1]), and criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03). In January 2008, the defendant agreed to plead guilty to criminal sale of a controlled substance in the fourth degree, a class C felony (see Penal Law § 220.”
People v. Muller, 2023 NY Slip Op 03509 (N.Y. App. Div. 2023). “31 (1), rather than Penal Law § 220.34 (1) ( see People v Martinez , 37 AD3d 1099, 1100 [4th Dept 2007], lv denied 8 NY3d 947 [2007]).”
People v. Harris, 4 A.D.3d 767 (N.Y. App. Div. 2004). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34). Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, his…”
People v. Diaz, 41 Misc. 3d 351 (N.Y. Sup. Ct. 2013). “On January 26, 2007, he pleaded guilty, under a superior court information, to the lesser charge of criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]), in exchange for a promised non-jail sentence of five years of probation, including interim…”
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