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LEBEDIN KOFMAN LLP

Controlled Substance Sale Charges and Degrees in New York

New York Criminal Defense

Lebedin Kofman LLP defends clients accused of criminal sale of a controlled substance in New York, including undercover buy, informant, school-ground, and narcotic-drug sale allegations.

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Defense for criminal sale of a controlled substance Charges

Drug-sale prosecutions often rely on police observations, informants, recordings, marked money, controlled buys, search warrants, lab reports, and alleged communications. These cases can also affect immigration, employment, housing, and licensing.

The New York Courts Article 220 table lists criminal sale of a controlled substance in several degrees, including fifth-, fourth-, and third-degree sale theories, narcotic-drug sales, school or daycare-ground allegations, and prior-conviction enhancements.

What Prosecutors May Focus On

Prosecutors may rely on undercover officers, confidential informants, buy money, surveillance teams, lab testing, messages, phone records, search-warrant returns, and alleged admissions.

  • Whether police can prove actual or constructive possession, identity, knowledge, intent, and the exact statutory theory charged.
  • Whether searches, stops, warrants, statements, and forensic testing were handled lawfully and reliably.
  • Whether the evidence supports the charged degree or a lower-level offense, dismissal, or non-criminal resolution.

Defense Issues to Review Early

The defense should examine identification, informant credibility, entrapment issues, chain of custody, lab testing, search legality, intent, sale proof, and whether the alleged substance and amount support the charged degree.

  • Search and seizure issues, including vehicle, home, phone, and bag searches.
  • Constructive possession and access by other people.
  • Forensic testing, lab reports, operability, weight, classification, or statutory-definition issues.
  • Statements, body-camera footage, discovery, informant reliability, and co-defendant evidence.

How Lebedin Kofman Approaches These Cases

Lebedin Kofman LLP evaluates the charge level, evidence, police conduct, and collateral consequences early. Depending on the facts, the strategy may involve pre-arrest intervention, grand jury advocacy, suppression motions, forensic review, negotiation, mitigation, or trial preparation from the outset.

Related Defense Pages

Contact a New York Defense Attorney

If you are under investigation or charged with criminal sale of a controlled substance, speak with counsel before making statements or trying to explain the case to investigators.

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Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.

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