People v. Festo

Appellant stands convicted under section 220.43 of the Penal Law, as enacted in 1973 (and amended in 1975 and 1977), i.e., he “knowingly and unlawfully” participated in the sale of more than one ounce of a narcotic drug. Festo’s crime occurred in June of 1979 and involved 1.975 ounces of cocaine. Up until September 1, 1979, the unlawful sale of one or more ounces of a narcotic drug constituted the crime of criminal sale of a controlled substance (CSCS) in the first degree (Penal Law, § 220.43), a class A-I felony, punishable by at least 15 years to life (Penal Law, § 70.00, subds 2, 3). By…