NYSentencing

§ 178.15 Criminal diversion of prescription medications and prescriptions 
in the third degree.
  A  person  is guilty of criminal diversion of prescription medications
and prescriptions in the third degree when he or she:
  1.  commits  a  criminal  diversion  act, and the value of the benefit
exchanged is in excess of one thousand dollars; or
  2. commits the crime of criminal diversion of prescription medications
and  prescriptions  in  the  fourth  degree,  and  has  previously  been
convicted of the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree.
  Criminal  diversion  of  prescription medications and prescriptions in
the third degree is a class E felony.
with Argument