NYSentencing

§ 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
(Repealed by L.2021 c.92 eff. 03/31/21.)
  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 arti-
cle, when such sale takes place upon school grounds or on a school  bus;
or
  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; or
  9.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
subdivision (e) of schedule i of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of twenty-eight grams or more.
  Criminal sale of a controlled substance in  the  fourth  degree  is  a
class C felony.
with Argument