N.Y. Penal Law § 120.13

§ 120.13 Menacing in the first degree.\n A person is guilty of menacing in the first degree when he or she\ncommits the crime of menacing in the second degree and has been\npreviously convicted of the crime of menacing in the second degree or\nthe crime of menacing a police officer or peace officer within the\npreceding ten years.\n Menacing in the first degree is a class E felony.\n