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 § 220.77 (2026)

Operating as a major trafficker

✓ current as of May 2026
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§ 220.77 Operating as a major trafficker.
  A person is guilty of operating as a major trafficker when:
  1. Such person acts as a director of a controlled substance
organization during any period of twelve months or less, during which
period such controlled substance organization sells one or more
controlled substances, and the proceeds collected or due from such sale
or sales have a total aggregate value of seventy-five thousand dollars
or more; or
  2. As a profiteer, such person knowingly and unlawfully sells, on one
or more occasions within six months or less, a narcotic drug, and the
proceeds collected or due from such sale or sales have a total aggregate
value of seventy-five thousand dollars or more.
  3. As a profiteer, such person knowingly and unlawfully possesses, on
one or more occasions within six months or less, a narcotic drug with
intent to sell the same, and such narcotic drugs have a total aggregate
value of seventy-five thousand dollars or more.
  Operating as a major trafficker is a class A-I felony.
Notes of Decisions
Cited in 26 cases (12 in the last 5 years), 2010–2025 · leading case: People v. Major, 143 A.D.3d 1155 (N.Y. App. Div. 3d Dep't 2016).
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People v. Major, 143 A.D.3d 1155 (N.Y. App. Div. 3d Dep't 2016). · cites it 2× “As pertinent here, a person commits the crime of operating as a major trafficker when he or -4- 105693 she, as a "profiteer,"1 knowingly and unlawfully sells2 a narcotic drug on one or more occasions during a period of six months or less, and the proceeds due or collected from…”
People v. Rodriguez, 121 A.D.3d 1435 (N.Y. App. Div. 3d Dep't 2014). · cites it 9× “Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 220.”
People v. Anderson, 149 A.D.3d 1407 (N.Y. App. Div. 3d Dep't 2017). “Defendant failed to preserve his claims that Penal Law § 220.77 is unconstitutionally vague (see People v Lancaster, *1417 143 AD3d 1046, 1052 [2016], lv denied 28 NY3d 1147 [2017]), that the charges against him for criminal sale of a controlled substance and the charge of…”
People v. Adams, 2022 NY Slip Op 00076 (N.Y. App. Div. 3d Dep't 2022). “39 [1]) and one count of operating as a major trafficker ( see Penal Law § 220.77 [2]) (count 83). At the conclusion of a jury trial, defendant was acquitted of counts 77, 78 and 83 but convicted of counts 1, 43 and 65.”
People v. Danton, 27 Misc. 3d 638 (N.Y. Sup. Ct. 2010). “48 [criminal sale of a controlled substance to a child, a class B felony enacted in the DLRA-3]; Penal Law § 220.77 [operating as a major trafficker, a class A-I felony enacted in the DLRA-3].”
People v. Lundy, 2023 NY Slip Op 03727 (N.Y. App. Div. 3d Dep't 2023). · cites it 3× “Count 4 alleged that defendant, along with his codefendants, conspired to cause the commission of possession of eight ounces or more of cocaine, while count 5 was predicated on a conspiracy to operate as a major trafficker ( see Penal Law § 220.77 [1]). [FN1] Following a jury…”
People v. Lundy, 2023 NY Slip Op 03727 (N.Y. App. Div. 3d Dep't 2023). · cites it 3× “Count 4 alleged that defendant, along with his codefendants, conspired to cause the commission of possession of eight ounces or more of cocaine, while count 5 was predicated on a conspiracy to operate as a major trafficker ( see Penal Law § 220.77 [1]). [FN1] Following a jury…”
People v. Guzman, 36 Misc. 3d 261 (2012). · cites it 6× “15); count 2, operating as a major drug trafficker (Penal Law § 220.77 [1]); count 5, criminal sale of a controlled substance in the second degree (Penal Law § 221.”
People v. Santos, 2025 NY Slip Op 01008 (N.Y. 2025). · cites it 2× “77 [1]-[2]), defendant accepted a plea bargain under which he pleaded guilty to criminal possession of a controlled substance in the third degree, a class B felony (Penal Law § 220.16 [1]), and executed a waiver agreeing not to apply to the Department of Corrections and…”
People v. Gonzalez, 2022 NY Slip Op 05770 (N.Y. App. Div. 1st Dep't 2022). “On May 15, 2017, defendant entered a guilty plea to operating as a major trafficker (Penal Law § 220.77[1]), conspiracy in the second degree (Penal Law § 105.”
People v. Rodriguez, 121 A.D.3d 1435 (N.Y. App. Div. 3d Dep't 2014). · cites it 9× “Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 220.”
PeoplevRodriguez, No. 106274 (N.Y. App. Div. 3d Dep't Oct. 30, 2014). · cites it 8× “Donnino, Practice Commentary, McKinney's Cons Laws of NY, Book 39, Penal Law § 220.”
Show all 26 citing cases →
N.Y. Penal Law § 220.77(2): 1 case
People v. Rose, 146 N.Y.S.3d 294 (N.Y. App. Div. 2d Dep't 2021).
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