pocession with intent to sell a controlled substance in the 3rd degree

[moni]

What is the name of your state? ny/ my son was arrested for pocession with intent to sell a controlled substance in the 3rd degree/ how serious a charge is this/ he has a previous drug convicton already for robbery and served six months/ what is he looking at.?

 

[seniorjudge]

What is the name of your state? ny/ my son was arrested for pocession with intent to sell a controlled substance in the 3rd degree/ how serious a charge is this/ he has a previous drug convicton already for robbery and served six months/ what is he looking at.?

Q: what is he looking at.?

A: Prison.

 

[Happy Trails]

What is the name of your state? ny/ my son was arrested for pocession with intent to sell a controlled substance in the 3rd degree/ how serious a charge is this/ he has a previous drug convicton already for robbery and served six months/ what is he looking at.?

It is a Class B felony.

From New York statutes:

§ 70.00 Sentence of imprisonment for felony.

2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least three years and the term shall be fixed as follows:

(b) For a class B felony, the term shall be fixed by the court, and shall not exceed twenty-five years;

3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence shall be at least one year and shall be fixed as follows:

(b) For a class B felony, the minimum period shall be fixed by the court and specified in the sentence and shall be not less than one year nor more than one-third of the maximum term imposed.