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 § 220.41 (2026)

Criminal sale of a controlled substance in the second degree

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 220.41 Criminal sale of a controlled substance in the second degree.
  A person is guilty of criminal sale of a controlled substance in the
second degree when he knowingly and unlawfully sells:
  1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or
  2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-half ounce or more; or
  3.  a stimulant and the stimulant weighs five grams or more; or
  4.  lysergic acid diethylamide and the lysergic acid diethylamide
weighs five milligrams or more; or
  5.  a hallucinogen and the hallucinogen weighs one hundred twenty-five
milligrams or more; or
  6.  a hallucinogenic substance and the hallucinogenic substance weighs
five grams or more; or
  7.  methadone and the methadone weighs three hundred sixty milligrams
or more.
  Criminal sale of a controlled substance in the second degree is a
class A-II felony.
Notes of Decisions
Cited in 111 cases (5 in the last 5 years), 1978–2026 · leading case: People v. Hill, 648 N.E.2d 455 (NY 1995).
Sort: Relevance Newest Treatment
People v. Hill, 648 N.E.2d 455 (NY 1995). · cites it 4× “We now hold that, where the issue is fully preserved for our review, the knowledge requirement is applicable to the convictions here for criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]). This case involves three purchases of narcotics by an…”
Davila v. Holder, 381 F. App'x 413 (5th Cir. 2010). · cites it 12× “In 2003, he pleaded guilty to criminal sale of cocaine in the second degree under N.Y. PeNAl Law § 220.41 and to criminal possession of a handgun under N.”
People v. Insignares, 109 A.D.2d 221 (N.Y. App. Div. 1985). · cites it 3× “The question presented on this appeal by the District Attorney, is whether, after a jury convicted defendant of the crime of a criminal sale of a controlled substance in the second degree (Penal Law § 220.41), Criminal Trial Term abused its discretion by setting aside that…”
People v. Ryan, 626 N.E.2d 51 (NY 1993). “In People v Scarborough ( 49 NY2d 364, 374 ), for example, a case involving a similarly worded criminal sale of a controlled substance statute (see, Penal Law § 220.41), we concluded "that there is no substance to defendant Scarborough’s claim of insufficiency of proof on the…”
Gomez v. Brown, 655 F. Supp. 2d 332 (S.D.N.Y. 2009). “43 (1)), and one count of Criminal Sale of a Controlled Substance in the Second Degree ( N.Y. Penal Law § 220.41 (1)), following a jury trial in Supreme Court, New York County.”
People v. Oberdorf, 136 A.D.3d 1291 (N.Y. App. Div. 2016). “Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of one count of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]) and three counts of criminal sale of a controlled substance in the third degree (§ 220.”
People v. Quinones, 11 Misc. 3d 582 (N.Y. Sup. Ct. 2005). · cites it 3× “43 [1]), a class A-I felony; two counts of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]), class A-II felonies; and one count of criminal sale of a controlled substance in the third degree (Penal Law § 220.”
People v. Gethers, 2017 NY Slip Op 5128 (N.Y. App. Div. 2017). “of an aggregate weight of one-half ounce or more” (Penal Law § 220.41 [1]). Under Penal Law § 220.”
United States v. Aris Maria, AKA Luis A. Rivera, 186 F.3d 65 (2d Cir. 1999). “The deportation followed defendant’s New York State convictions in 1994, on separate indictments, for criminal sale of a controlled substance in the second degree in violation of N.Y. Penal Law § 220.41 , and criminal possession of a controlled substance in the second degree in…”
People v. Mills, 901 N.E.2d 196 (NY 2008). “Then On June 16, 1999, Then pleaded guilty in Supreme Court to criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]), a class A-II felony.”
People v. Wright, 139 A.D.3d 1094 (N.Y. App. Div. 2016). “He was thereafter sentenced to an aggregate prison term of 141V2 years.”
People v. Cochran, 140 A.D.3d 1198 (N.Y. App. Div. 2016). “However, during those conversations, defendant equivocated as to how much heroin he sought to buy, and none of the heroin from the transaction was recovered by police.”
Show all 111 citing cases →
— N.Y. Penal Law § 220.41(1) — 3 cases
Davis v. Johnson, 49 F. Supp. 2d 160 (W.D.N.Y. 1999).
Rodriguez v. LaManna (S.D.N.Y. 2021).
People v. Walker, 2025 NY Slip Op 06085 (N.Y. App. Div. 2025).
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.