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Drug Trafficking / Operating as a Major Trafficker

Criminal defense attorney Rochelle S. Berliner is experienced in representing individuals charged with the most serious drug offenses under New York law, including drug trafficking related felony charges throughout New York City, including Queens, Brooklyn. the Bronx and Manhattan.

Operating as a major trafficker under New York Penal Code 220.77 is an class A-1 felony. Rochelle Berliner takes an aggressive approach to defending these cases by conducting a complete investigation before exculpatory evidence is lost.

Defending these cases requires being well versed in the most recent changes that impact illegal stops and searches, wiretape evidence, and statements taken in violation of Miranda or are coerced. Defending these cases also requires the abillity to file and litigate complicated motions to suppress, motions to exclude and motions to dismiss.

Queens Drug Trafficking Defense Attorney

With almost two decades of experience in the criminal justice field, including 14 years working in the Special Narcotics Division of the New York District Attorney's Office, Rochelle Berliner confidently defends men and women charged with major drug trafficking crimes.

Her experience as a Prosecutor dealing with major drug crime cases gives her a layered perspective of both sides of the criminal defense process. Call 718-261-5600 for an in-depth consultation over the phone or in her office.


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Operating as a Major Drug Trafficker "Director" under New York Penal Law 220.77(1)

New York Penal Law 220.771(1) provides that a person can be charged with Operating as a Major Trafficker when it is alleged that he or she acts:

  • as a director of a controlled substance organization during any period of twelve months or less;
  • during which period such controlled substance organization sells one or more controlled substances; and
  • the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more.

The term DIRECTOR means a person who is the principal administrator, organizer, or leader of a controlled substance organization or one of several principal administrators, organizers, or leaders of a controlled substance organization.


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Director Operating as a Major Drug Trafficker as a "Profiteer" under New York Penal Law 220.77(2)

New York Penal Law 220.77(2) provides that a person can be charged with Operating as a Major Trafficker as a "profiteer" when it is alleged that:

  • as a profiteer;
  • he or she knowingly and unlawfully sells;
  • on one or more occasions within six months or less;
  • a narcotic drug; and
  • the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more.

Under New York law, the "PROFITEER" is defined to means a person who:

  • is a director of a controlled substance organization;
  • is a member of a controlled substance organization and has managerial responsibility over one or more other members of that organization; or
  • arranges, devises or plans one or more transactions constituting a felony under this article so as to obtain profits or expected profits.

A person is not a profiteer if he or she is:

  • acting only as an employee; or
  • if he or she is acting as an accommodation to a friend or relative; or
  • if he or she is acting only under the direction and control of others and exercises no substantial, independent role in arranging or directing the transactions in question.

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Director Operating as a Major Drug Trafficker as a "Profiteer Possession" under New York Penal Law 220.77(3)

New York Penal Law 220.77(2) provides that a person can be charged with Operating as a Major Trafficker as a "profiteer possession" when it is alleged that:

  • As a profiteer;
  • he or she knowingly and unlawfully possesses;
  • on one or more occasions within six months or less;
  • a narcotic drug with intent to sell the same, and
  • such narcotic drugs have a total aggregate value of seventy-five thousand dollars or more.

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Other Drug Trafficking Terms Defined Under New York Law

New York's drug laws define the term CONTROLLED SUBSTANCE ORGANIZATION "as four or more persons sharing a common purpose to engage in conduct that constitutes or advances the commission of ... (See Penal Law § 220.00(18). The statute reads “a felony under this article,” and the judge should insert here the appropriate crime(s), for example, “a knowing and unlawful sale of a controlled substance.”).


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Law Office of Rochelle S. Berliner | Queens Drug Trafficking Arrest Lawyer

With almost two decades of experience in the criminal justice field, including 14 years working in the Special Narcotics Division of the New York District Attorney's Office, Rochelle Berliner is a Queens criminal defense attorney who confidently defends men and women charged with major drug trafficking crimes.

Law Office of Rochelle S. Berliner represents clients all over New York City, including Queens, Brooklyn, and the Bronx. Call 718-261-5600 or submit an online form for a free consultation to learn what you need to do today to protect your rights and preserve all avenues of attacking the drug charges.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

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