Criminal Possession & Sale of a Controlled Substance

Article 220 of the NYS Penal Law defines “controlled substance”. The degree and the corresponding penalties for possession depend upon a variety of factors such as the type of drug, the quantity (or weight) of the drug, the presence of a firearm and any previous criminal history involving drugs.

Possession with intent to sell will be charged where the quantity (or weight) of the drug and the circumstances surrounding the arrest
suggest that the drugs were not intended for personal consumption. As described in the definition of “sell” below, it is not necessary for money to change hands to be charged with Criminal Sale.

“Controlled substance” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.

“Sell” means to sell, exchange, give or dispose of to another, or to offer or agree to do the same.

Typically, drug arrests involve searches and seizures and are the result of ongoing police surveillance and investigations. Law enforcement
officers will utilize investigative techniques impacting Federal and State Constitutional rights under the 4 th Amendment to effectuate an arrest. Most individuals charged with a drug crime will not know whether or not their right to be free from an unlawful search and seizure has been violated. As a former prosecutor assigned to the Narcotics Investigations Bureau at the Queens County District Attorney’s Office,
Stanford Bandelli is experienced in evaluating the legality of police actions. Mr. Bandelli has drafted numerous applications for search
warrants and eavesdropping warrants and has firsthand familiarity with the legal requirements necessary to establish probable cause for a
search or an arrest involving a drug crime.

A conviction for a drug crime will result in a criminal record. It will impact future educational and employment opportunities and may result in substantial jail time (as well as detention and deportation if you are not a U.S. citizen). As a criminal defense attorney, Stanford Bandelli has an established record of success in protecting his clients and minimizing their exposure.