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.