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Article 220 Controlled Substance Offenses | Penal Law 220.39

New York Criminal Sale of a Controlled Substance in the Third Degree Lawyer

Criminal Sale of a Controlled Substance in the Third Degree cases can involve serious felony sale allegations, narcotic drug proof, intent to sell, undercover operations, search warrants, and grand jury strategy. Even where the allegation appears straightforward, the defense often depends on what the police actually saw, how the substance was recovered, whether the search was lawful, and whether the lab evidence supports the charged degree.

Lebedin Kofman LLP defends clients in New York controlled-substance, narcotics, prescription-drug, drug-sale, trafficking, conspiracy, and asset-forfeiture matters in state and federal court.

Call 646-663-4430 or contact the firm for a confidential consultation.

Issues that may matter

  • undercover or informant evidence
  • recorded buys or messages
  • identity and role
  • lab testing and chain of custody
  • buy money or surveillance
  • search warrants
  • statements
  • conspiracy or federal overlap

Defense approach

Drug cases should be reviewed for search and seizure problems, unlawful vehicle or home searches, missing probable cause, unreliable informants, defects in warrants, lab and chain-of-custody issues, weak proof of knowledge or intent, and whether the alleged weight or drug type supports the charged degree.

Where appropriate, the defense may also address treatment history, mitigation, diversion, immigration risk, professional licensing issues, restitution or forfeiture exposure, and whether early intervention can narrow or avoid charges.

Related pages

Frequently asked questions

What should I do after a New York controlled-substance arrest?

Speak with defense counsel quickly and avoid statements about ownership, possession, source, intent, or other people involved. Search, seizure, lab, statement, and grand jury issues should be reviewed early.

Can drug charges be reduced, dismissed, or resolved through treatment?

Some cases can be challenged or resolved favorably depending on the search, lab evidence, alleged weight, record, county, treatment history, immigration issues, and whether prosecutors can prove the charged degree.

Contact Lebedin Kofman LLP

If you are under investigation or charged with a controlled-substance offense, call 646-663-4430 or contact Lebedin Kofman LLP.

Official jury-instruction framework

Criminal Sale of a Controlled Substance in the Third Degree: What Prosecutors Must Prove

NY Penal Law 220.39 - source framework: New York Criminal Jury Instructions, Penal Law Article 220.

  • Third-degree controlled-substance sale can be charged under multiple Article 220 theories, including sale of narcotic drugs and other specified substances or weights.
  • The prosecution generally must prove a knowing and unlawful sale, the identity of the substance, any required weight or category element, and the accused person’s participation in the sale.
  • Defense issues may include whether the alleged transfer qualifies as a sale, whether an informant or undercover identification is reliable, whether recordings support the charge, whether police conduct was lawful, and whether lab or weight proof can be challenged.
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