New York Consolidated Laws

N.Y. Penal Law § 220.75 (2026)

Unlawful manufacture of methamphetamine in the first degree

✓ current as of May 2026
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§ 220.75 Unlawful manufacture of methamphetamine in the first degree.
  A person is guilty of unlawful manufacture of methamphetamine in the
first degree when such person commits the crime of unlawful manufacture
of methamphetamine in the second degree, as defined in subdivision one
of section 220.74 of this article, after having previously been
convicted within the preceding five years of unlawful manufacture of
methamphetamine in the third degree, as defined in section 220.73,
unlawful manufacture of methamphetamine in the second degree, as defined
in section 220.74 of this article, or unlawful manufacture of
methamphetamine in the first degree, as defined in this section.
  Unlawful manufacturer of methamphetamine in the first degree is a
class B felony.
Notes of Decisions
Cited in 3 cases, 2013–2016 · leading case: People v. Boula, 106 A.D.3d 1371 (N.Y. App. Div. 2013).
People v. Boula, 106 A.D.3d 1371 (N.Y. App. Div. 2013). “Rather, the factual allegations—that “defendant did agree with [another] to unlawfully manufacture, prepare or produce methamphetamine”—are taken from count 2 of the indictment, which charged the class D felony of unlawful manufacturing of methamphetamine in the third degree…”
Casterline, III, Richard D., People v., 138 A.D.3d 1498 (N.Y. App. Div. 2016). “Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of unlawful manufacture of methamphetamine in the first degree (Penal Law § 220.75) and criminal possession of a controlled substance in the third degree (§ 220.”
People v. Boula, 106 A.D.3d 1371 (N.Y. App. Div. 2013). “Rather, the factual allegations—that “defendant did agree with [another] to unlawfully manufacture, prepare or produce methamphetamine”—are taken from count 2 of the indictment, which charged the class D felony of unlawful manufacturing of methamphetamine in the third degree…”
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