Drug Possession Laws in New York

Knowingly and unlawfully possessing any amount of a controlled substance is criminal possession of a controlled substance in the seventh degree, a class A misdemeanor (up to 364 days and $1,000); trace residue in a syringe does not count, and possession discovered while seeking emergency help for an overdose is excluded. Possession becomes a felony based on amount or intent to sell; for example, possessing 500 milligrams or more of cocaine, or narcotic preparations weighing one-half ounce or more, is fifth-degree possession, a class D felony. Possessing or selling cutting agents, glassine envelopes or vials, or scales for packaging or weighing drugs for unlawful use is criminally using drug paraphernalia in the second degree, a class A misdemeanor. People charged by indictment with class B through E felony drug offenses may be eligible for judicial diversion into treatment under Criminal Procedure Law article 216.

New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards

How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.