§ 220.34 Criminal sale of a controlled substance in the fourth degree.
  A  person  is guilty of criminal sale of a controlled substance in the
fourth degree when he knowingly and unlawfully sells:
  1. a narcotic preparation; or
  2.  a dangerous depressant or a depressant and the  dangerous  depres-
sant  weighs  ten ounces or more, or the depressant weighs two pounds or
more; or
  3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
five of section thirty-three hundred two of the public health law; or
  4.    phencyclidine  and  the phencyclidine weighs fifty milligrams or
more; or
  5. methadone; or
  6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy  to  commit
any such offense; or
  6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
more.
  7. a controlled substance in violation of section 220.31 of this chap-
ter, when such sale takes place upon school grounds.
  8. a controlled substance in violation of section 220.31 of this arti-
cle,  when such sale takes place upon the grounds of a child day care or
educational facility  under  circumstances  evincing  knowledge  by  the
defendant  that  such sale is taking place upon such grounds. As used in
this subdivision, the phrase "the grounds of a child day care or  educa-
tional facility" shall have the same meaning as provided for in subdivi-
sion  five  of  section 220.44 of this article. For the purposes of this
subdivision, a rebuttable presumption shall be established that a person
has knowledge that they are within the grounds of a child  day  care  or
educational facility when notice is conspicuously posted of the presence
or proximity of such facility.

  Criminal sale of a controlled substance in  the  fourth  degree  is  a
class C felony.
.

• knowingly and unlawfully sells controlled substance
• narcotic preparation

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• knowingly and unlawfully sells controlled substance
• dangerous depressant
• # ounces 10 or more

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• knowingly and unlawfully sells controlled substance
• depressant
• # pounds 2 or more

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• knowingly and unlawfully sells controlled substance
• concentrated cannabis

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• knowingly and unlawfully sells controlled substance
• phencyclidine
• # mg 50 or more

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• knowingly and unlawfully sells controlled substance
• methadone

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• knowingly and unlawfully sells controlled substance
• phencyclidine
• previous drug conviction

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• knowingly and unlawfully sells controlled substance
• sale on school grounds

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• knowingly and unlawfully sells controlled substance
• sale on grounds of child day care or educational facility
• circumstances evincing knowledge of nature of grounds

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