Legal Question in Criminal Law in New York

Criminal Sale of a Controlled Substance in the Third Degree is a class �B� Felony. A defendant with no prior felony convictions within the past ten years upon a conviction can receive anything from five years of supervised probation or up to nine years incarceration followed by one to two years supervised release. If the defendant does have a prior non-violent felony conviction within the past ten years then a period of incarceration is mandatory. The minimum period of incarceration is two years and the maximum is twelve years followed by a period of post release supervise of one and one-half years to three years. Lastly, if the prior is a violent felony conviction then the minimum is six years incarceration and the maximum is fifteen years incarceration followed by one and one-half to three years post supervised release.