NYSentencing

§ 220.39 Criminal sale of a controlled substance in the third degree.
  A  person  is guilty of criminal sale of a controlled substance in the
third degree when he knowingly and unlawfully sells:
  1. a narcotic drug; or
  2.  a  stimulant,  hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide and  has  previously  been  convicted  of  an  offense
defined  in  article  two hundred twenty or the attempt or conspiracy to
commit any such offense; or
  3.   a stimulant and the stimulant weighs one gram or more; or
  4.   lysergic  acid  diethylamide  and  the lysergic acid diethylamide
weighs one milligram or more; or
  5.   a hallucinogen and the hallucinogen weighs twenty-five milligrams
or more; or
  6.  a hallucinogenic substance and the hallucinogenic substance weighs
one gram or more; or
  7.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing methamphetamine, its salts, isomers or salts of  isomers  and
the  preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more; or
  8.   phencyclidine  and  the  phencyclidine  weighs  two hundred fifty
milligrams or more; or
  9.  a narcotic preparation to a person less than twenty-one years old.
  Criminal sale of a controlled substance in the third degree is a class
B felony.
with Argument