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FROM THE DEFENSE DESK / DRUG CRIMES
5 AUG 2026 · UPDATED 20 AUG 2026 · 2 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: DRUG CRIMES
DOCKET NO. 370 · THE DEFENSE DESK

220.43 Criminal sale of a controlled substance in the first degree.

Learn about New York’s criminal sale of a controlled substance in the first degree under NY Penal Law 220.43. Understand class A-I felony charges, possible sentences up to 25 years, key defenses like Fourth Amendment violations, entrapment, mistaken identity, and how to prepare your legal defense.

Todd A. Spodek
Todd A. Spodek
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New York law has a wide array of controlled substance laws. These laws prohibit possessing and selling certain substances. The offenses are divided into categories based on the maximum possible penalty for the offense. The most severe of the offenses for selling a controlled substance is criminal sale of a controlled substance in the first degree.

First-degree charges

Sale of drugs in the first degree in New York can happen in two ways: First, a person can sell one or more narcotic drugs or mixtures of narcotic drugs weighing two ounces or more. Second, a person can sell 2,880 milligrams or more of methadone. If a person sells a different controlled substance or a narcotic substance in lesser amounts, or has a glass bong/glass pipe, or an illegal THC E liquid the offense is a lesser degree charge. A first-degree conviction is a class A-I felony. A conviction for an A-I felony brings a sentence of many years in prison. The exact sentence depends on a number of factors, but a typical sentence can be as much as 25 years.

Preparing for your defense

When you're facing charge as severe as a first-degree criminal sale of a controlled substance charge, it's important to take the matter seriously. A trial date can approach quickly, and there are important things that you need to do in order to prepare your defense. You have the right to a trial by jury, and it's important to exercise that right when you're facing such serious charges.

Possible defenses

There are multiple defenses that may be available to you when you're facing a controlled substance charge. The exact defenses you may choose to raise depend on the details in your case. Here are some of the defenses you may want to use:

Fourth Amendment Violations

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