The Second Circuit has determined that New York's drug statutes are indivisible with respect to the controlled substance involved in an offense.  As such, a conviction under N.Y. Penal Law § 220.31 (criminal sale of a controlled substance in the fifth degree) is not an aggravated felony because a conviction may involve substances not listed in the federal controlled substance schedules.

The full text of Harbin v. Sessions can be found here: