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: http://www.ca2.uscourts.gov/decisions/isysquery/c310fed2-a2b8-4d7f-82f9-48d3d829572c/12/doc/14-1433_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c310fed2-a2b8-4d7f-82f9-48d3d829572c/12/hilite/