Dear New York:
You could have checked this out yourself and perhaps you did not want to know the answer to your question but you could start here:
http://www.salviamap.com/newyork.html
I've tweaked the practice area to criminal defense because your question appears to be more relevant to that area, and also added some tags that might get you more responses.
As I understand, in New York, the prohibition against the SALE of salvia divinorum was passed in January 2012 and carries a maximum fine of $500 per violation. There is a legislative proposal to prohibit POSSESSION, but it has not yet passed.
It is currently illegal to sell it in NY, but I do not believe that it is illegal to possess it in NY yet. But there is a proposal to make possession illegal, so I recommend that you not have possess it because of the flux of it's legal status.