N.Y. Penal Law § 220.31 : Offenses Against Public Health And Morals — Penal — Controlled Substances Offenses — Criminal sale of a controlled substance in the fifth degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance. Criminal sale of a controlled substance in the fifth degree is a class D felony. N.Y. Penal Law § 220.31