New York Consolidated Laws

N.Y. Penal Law § 220.65 (2026)

Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

✓ current as of May 2026

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§ 220.65 Criminal sale of a prescription for a controlled substance or
           of a controlled substance by a practitioner or pharmacist.
  A person is guilty of criminal sale of a prescription for a controlled
substance or of a controlled substance by a practitioner or pharmacist
when: 1. being a practitioner, as that term is defined in section
thirty-three hundred two of the public health law, he or she knowingly
and unlawfully sells a prescription for a controlled substance. For the
purposes of this section, a person sells a prescription for a controlled
substance unlawfully when he or she does so other than in good faith in
the course of his or her professional practice; or
  2. being a practitioner or pharmacist, as those terms are defined in
section thirty-three hundred two of the public health law, he or she,
acting other than in good faith, while purporting to act within the
scope of the power, authority and privileges of his or her license, as
that term is defined in section thirty-three hundred two of the public
health law, knowingly and unlawfully sells a controlled substance.
  Criminal sale of a prescription for a controlled substance or of a
controlled substance by a practitioner or pharmacist is a class C
felony.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1990–2022 · leading case: People v. Baghai-Kermani, 644 N.E.2d 1004 (NY 1994).

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People v. Baghai-Kermani, 644 N.E.2d 1004 (NY 1994). · cites it 4× “Defendant, a psychiatrist, was found guilty, after trial, of 10 separate counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65). The primary issue in this appeal is whether the People’s failure to disclose a witness’s pretrial statements within…”

People v. Doshi, 715 N.E.2d 113 (NY 1999). “The jury rejected these arguments, and convicted *504 defendant of three counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65), five counts of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.”

People v. Shandler, 168 A.D.2d 648 (N.Y. App. Div. 1990). · cites it 9× “The defendant, a dentist, was indicted for the crime of criminal sale of a prescription for a controlled substance under Penal Law § 220.65 which provides as follows: "A *649 person is guilty of criminal sale of a prescription for a controlled substance when, being a…”

People v. Ekinici, 191 Misc. 2d 510 (N.Y. Sup. Ct. 2002). “Background On June 22, 1994 after a jury trial, the defendant (a doctor) was convicted of nine counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65). On August 22, 1994, the court sentenced the defendant to five years’ probation and to pay a…”

People v. Sorrells, 58 A.D.3d 1080 (N.Y. App. Div. 2009). · cites it 2× “65), we note that, by its terms, Penal Law § 220.65 is enforceable only against practitioners.”

Matter of Patel v. New York State Educ. Dept., 2022 NY Slip Op 06849 (N.Y. App. Div. 2022). “In November 2016, petitioner, a licensed pharmacist, was convicted by guilty plea of attempted criminal sale of a prescription of a controlled substance by a pharmacist ( see Penal Law § 220.65). As a result of her conviction, the Office of Professional Discipline (hereinafter…”

People v. Stan XuHui Li, 2017 NY Slip Op 8438 (N.Y. App. Div. 2017). “With respect to the former charge, the People had to prove that defendant “knowingly and unlawfully s[old] a prescription for a controlled substance” (Penal Law § 220.65), other than in good faith in the course of his professional practice.”

People v. Baghai-Kermani, 199 A.D.2d 36 (N.Y. App. Div. 1993). · cites it 2× “10 to set aside his conviction, after a bench trial, of ten counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65), unanimously modified, on the law, to reinstate the defendant’s conviction on counts one, two, and four through nine, and…”

People v. Dias, 197 A.D.2d 387 (N.Y. App. Div. 1993). “The court’s charge adequately defined the statute’s requirement that a person unlawfully sells a prescription "when he does so other than in good faith in the course of his professional practice” (Penal Law § 220.65). The court charged that " 'Good faith’ requires the physician…”

People v. Doe, 178 Misc. 2d 908 (N.Y. Sup. Ct. 1998). · cites it 2× “The indictment charges defendant, a psychiatrist, with 18 counts of criminal sale of a prescription for a controlled substance, in violation of Penal Law § 220.65. Each count relates to the alleged sale of a prescription for controlled substances (specifically, psychotropic…”

Pathak v. DeBuono, 251 A.D.2d 818 (N.Y. App. Div. 1998). “Petitioner, a physician, pleaded guilty to an indictment charging him with three counts of criminal sale of a prescription for a controlled substance (Penal Law § 220.65) and was sentenced to five years’ probation and fined $15,000.”

The People v. Stan XuHui Li (NY 2019). “20), Grand Larceny in the Third Degree (Penal Law § 155.31 [1]), Falsifying Business Records in the First Degree (Penal Law § 175.”

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