220.44 - Criminal sale of a controlled substance in or near school grounds.

§  220.44  Criminal  sale  of  a  controlled substance in or near school             grounds.    A person is guilty of criminal sale of a controlled  substance  in  or  near school grounds when he knowingly and unlawfully sells:    1.  a controlled substance in violation of any one of subdivisions one  through six-a of section 220.34 of this article, when  such  sale  takes  place upon school grounds or on a school bus; or    2.  a controlled substance in violation of any one of subdivisions one  through eight of section 220.39 of this article, when  such  sale  takes  place upon school grounds or on a school bus; or    3.  a controlled substance in violation of any one of subdivisions one  through six of section 220.34 of this  article,  when  such  sale  takes  place upon the grounds of a child day care or educational facility under  circumstances  evincing  knowledge  by  the  defendant that such sale is  taking place upon such grounds; or    4. a controlled substance in violation of any one of subdivisions  one  through  eight  of  section 220.39 of this article, when such sale takes  place upon the grounds of a child day care or educational facility under  circumstances evincing knowledge by the  defendant  that  such  sale  is  taking place upon such grounds.    5.  For  purposes of subdivisions three and four of this section, "the  grounds of a child day care or educational facility" means (a) in or  on  or  within any building, structure, athletic playing field, a playground  or land contained within the real property boundary line of a public  or  private  child  day care center as such term is defined in paragraph (c)  of subdivision one  of  section  three  hundred  ninety  of  the  social  services  law,  or nursery, pre-kindergarten or kindergarten, or (b) any  area accessible to the public located within one thousand  feet  of  the  real  property  boundary line comprising any such facility or any parked  automobile or other parked vehicle located within one thousand  feet  of  the  real  property  boundary line comprising any such facility. For the  purposes of this section an "area accessible to the public"  shall  mean  sidewalks,   streets,  parking  lots,  parks,  playgrounds,  stores  and  restaurants.    6. For the purposes of this section, a rebuttable presumption shall be  established that a person has knowledge that they are within the grounds  of a child day care or educational facility when notice is conspicuously  posted of the presence or proximity of such facility.    Criminal sale of a controlled substance in or near school grounds is a  class B felony.