1. Criminal Sale of a Controlled Substance (Penal Law Article 220) FINAL

2. Criminal Sale of a Controlled Substance
First, I will define Criminal Sale; definitions and common terms
Second, I will breakdown the differing offenses of criminal sale of controlled substances into elements

3. Criminal Sale of a Controlled Substance
I will breakdown the following degrees of criminal sale of controlled substances into elements
the 5th Degree (Penal Law § ) Class D Felony
the 4th Degree (Penal Law § ) Class C Felony
The 3rd Degree (Penal Law § ) Class B Felony 
The 2nd Degree (Penal Law § ) Class A-II Felony
the 1st Degree (Penal Law § ) Class A-I Felony

4. What is the Criminal Sale?
Criminal sale of a controlled substance (CSCS) is divided into five degrees. The basic offense is criminal sale of a controlled substance in the fifth degree, which provides that a person is guilty of the crime “when he knowingly and unlawfully sells a controlled substance” [Penal Law § ]. Thus, such sale of any controlled substance listed in any one of the Public Health Law schedules of controlled substances [Public Health Law § 3306] is a crime.

5. What is the Criminal Sale? Commonly known as
Sale of a substance or compound listed on the state’s Controlled Substance Schedules is a felony, although the classification of the crime and the possible penalty varies with the specifics of the case. Though the crime is commonly referred to as “drug dealing” or “selling drugs” or “distribution of a controlled substance,” New York law refers to all degrees as Criminal Sale of a Controlled Substance.

6. The Basic Offense: Criminal Sale of a Controlled Substance in the 5th Degree
Statute (Penal Law § ):
A person is guilty of Criminal Sale of a Controlled Substance in the Fifth Degree when that person knowingly and unlawfully sells a controlled substance.

7. CSCS-5th (Penal Law § 220.31) Elements
The defendant sells any controlled substance and
That the defendant did so knowingly and unlawfully.

8. CSCS-5th (Penal Law 220.31) Elevators to the Fifth degree: Quantity
Type of Controlled Substance

9. Criminal Sale of a Controlled Substance in the 4th Degree
Statute (Penal Law § [1], [7]:
A person is guilty of Criminal Sale of a Controlled Substance in the Fourth Degree when that person knowingly and unlawfully sells:
1. narcotic preparation; or
7. a contolled substance in violation of Penal Law , when such a sale takes place upon school grounds or on a school bus

10. CSCS-4th (Penal Law § 220.34 [1], [7])
Elements
The defendant sells a narcotic preparation; and
That the defendant did so knowingly and unlawfully.

11. CSCS-4th (Penal Law § 220.34 [1], [7])
Elevators to Fourth degree:
Quantity
A particular type of controlled substance (i.e., a narcotic)

12. Criminal Sale of a Controlled Substance in the 3rd Degree
 Statute (Penal Law § [1]):
A person is guilty of Criminal Sale of a Controlled Substance in the Third Degree when that person knowingly and unlawfully sells a narcotic drug.

13. CSCS-3rd (Penal Law § 220.39 [1])
Elements
The defendant sells a narcotic drug (i.e. cocaine and/or heroin) and
That the defendant did so knowingly and unlawfully. 

14. CSCS-3rd (Penal Law § 220.39 [1])
Elevators to Third degree:
Type of Controlled Substance –
Drug

15. Criminal Sale of a Controlled Substance in the 2nd Degree
Statute (Penal Law § [1]):
A person is guilty of Criminal Sale of a Controlled Substance in the Second Degree when that person knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing a narcotic drug weighing more than one-half ounce.

16. CSCS-2nd (Penal Law § 220.41 [1])
Elements
The defendant sells one or more preparations, compounds, mixtures or substances containing a narcotic; and
That the defendant did so knowingly and unlawfully; and
The substance weighed ½ ounce or more.

17. CSCS-2nd (Penal Law § 220.41 [1])
Elevators to Second Degree:
Type of Drug - preparations, compounds, mixtures or substances containing a narcotic drug; and
Quantity -1/2 oz or more

18. Criminal Sale of a Controlled Substance in the 1st Degree
Statute (Penal Law § [1]):
A person is guilty of Criminal Sale of a Controlled Substance in the First Degree when that person knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are an aggregate weight of two [2] ounces or more.

19. CSCS-1st (Penal Law § 220.43) Elements
The defendant sells one or more preparations, compounds, mixtures or substances containing a narcotic; and
That the defendant did so knowingly and unlawfully; and
The substance weighed 2 ounces or more.

20. CSCS-1st (Penal Law § 220.43 [1])
Elevators:
Type of Controlled Substance preparations, compounds, mixtures or substances containing a narcotic drug
Quantity: 2 oz or greater