N.Y. Penal Law § 120.60

§ 120.60 Stalking in the first degree.\n A person is guilty of stalking in the first degree when he or she\ncommits the crime of stalking in the third degree as defined in\nsubdivision three of section 120.50 or stalking in the second degree as\ndefined in section 120.55 of this article and, in the course and\nfurtherance thereof, he or she:\n 1. intentionally or recklessly causes physical injury to the victim of\nsuch crime; or\n 2. commits a class A misdemeanor defined in article one hundred thirty\nof this chapter, or a class E felony defined in section 130.25, former\nsection 130.40 or section 130.85 of this chapter, or a class D felony\ndefined in former section 130.45 or section 130.30 of this chapter.\n Stalking in the first degree is a class D felony.\n