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 § 220.43 (2026)

Criminal sale of a controlled substance in the first degree

✓ current as of May 2026
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§ 220.43 Criminal sale of a controlled substance in the first degree.
  A person is guilty of criminal sale of a controlled substance in the
first 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 two ounces or more; or
  2.  methadone and the methadone weighs two thousand eight hundred
eighty milligrams or more.
  Criminal sale of a controlled substance in the first degree is a class
A-I felony.
Notes of Decisions
Cited in 85 cases (4 in the last 5 years), 1978–2026 · leading case: Gomez v. Brown, 655 F. Supp. 2d 332 (S.D.N.Y. 2009).
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Gomez v. Brown, 655 F. Supp. 2d 332 (S.D.N.Y. 2009). · cites it 2× “§ 2254 , to challenge his conviction on one count of Criminal Sale of a Controlled Substance in the First Degree ( N.Y. Penal Law § 220.43 (1)), and one count of Criminal Sale of a Controlled Substance in the Second Degree ( N.”
Uniko Carson v. Brian Fischer, Superintendent, Sing Sing Corr. Facility, Eliot L. Spitzer, New York State Attorney Gen., 421 F.3d 83 (2d Cir. 2005). · cites it 2× “Petitioner Uniko Carson appeals from a judgment of the United States District Court for the Eastern District of New York (Korman, C.”
People v. Kaplan, 556 N.E.2d 415 (NY 1990). · cites it 2× “Defendant Murray Kaplan was convicted of first degree criminal sale of a controlled substance (Penal Law § 220.43) because of his involvement in a narcotics network which operated out of a garment business office located in the Empire State Building.”
People v. Harris, 779 N.E.2d 705 (NY 2002). “17 [class A-I first-degree conspiracy]; Penal Law § 220.43 [class A-I first-degree sale of a controlled substance]).”
People v. Utsey, 855 N.E.2d 791 (NY 2006). “People v Festo ( 60 NY2d 809 [1983], affg 96 AD2d 765 [1st Dept 1983]) involved an amendment reducing the unlawful sale of one or more (but less than two) ounces of a narcotic drug from criminal sale of a controlled substance in the first degree to criminal sale in the second…”
People v. Chambers, 2020 NY Slip Op 3822 (N.Y. App. Div. 2020). · cites it 2× “of an aggregate weight of two ounces or more" (Penal Law § 220.43 [1]). Similarly, for a conviction of criminal sale of a controlled substance in the second degree, a class A-II felony, the People had to prove that defendant knowingly and unlawfully sold "one or more…”
People v. Ackies, 79 A.D.3d 1050 (N.Y. App. Div. 2010). · cites it 2× “Counts 3 and 15 allege two distinct conspiracies, each premised upon the object crime of criminal sale of a controlled substance in the first degree (Penal Law § 220.43), and counts 4 and 16, relating to the same conspiracies, are premised upon the object crime of criminal…”
People v. Quinones, 11 Misc. 3d 582 (N.Y. Sup. Ct. 2005). · cites it 3× “On October 19, 1993, defendant, Ramon Quinones, was convicted of one count of criminal sale of a controlled substance in the first degree (Penal Law § 220.43 [1]), a class A-I felony; two counts of criminal sale of a controlled substance in the second degree (Penal Law § 220.”
People v. Adams, 2022 NY Slip Op 00076 (N.Y. App. Div. 2022). · cites it 2× “15), two counts of criminal sale of a controlled substance in the first degree (counts 43 and 78) ( see Penal Law § 220.43 [1]), three counts of criminal possession of a controlled substance in the third degree (counts 64, 75 and 77) ( see Penal Law § 220.”
Charles Alexander v. David Harris, as Superintendent of Green Haven Corr. Facility, 595 F.2d 87 (2d Cir. 1979). “PER CURIAM: Appellant was convicted on April 12, 1976 of criminal sale of a controlled substance in the first degree in violation of N.Y. Penal Law § 220.43 (McKinney Supp.1978) after a jury trial before Justice Drohan in the New York Supreme Court, Bronx County.”
People v. Flores, 644 N.E.2d 1379 (NY 1994). · cites it 2× “Defendant was indicted on five counts arising from these incidents, including one count of criminal sale in the first degree (Penal Law § 220.43) for the April 5 transaction and one count of criminal sale in the second degree (Penal Law § 220.”
People v. Morales, 46 A.D.3d 1395 (N.Y. App. Div. 2007). “Memorandum: Defendant appeals from an order pursuant to the 2004 Drug Law Reform Act ([DLRA-1] L 2004, ch 738) denying his application for resentencing upon his 1991 conviction of two counts of criminal sale of a controlled substance in the first degree (Penal Law § 220.43…”
Show all 85 citing cases →
— N.Y. Penal Law § 220.43(1) — 2 cases
Tippins v. Walker, 889 F. Supp. 91 (S.D.N.Y. 1995).
Rodriguez v. LaManna (S.D.N.Y. 2021).
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