N.Y. Penal Law § 145.05

§ 145.05 Criminal mischief in the third degree.\n A person is guilty of criminal mischief in the third degree when, with\nintent to damage property of another person, and having no right to do\nso nor any reasonable ground to believe that he or she has such right,\nhe or she:\n 1. damages the motor vehicle of another person, by breaking into such\nvehicle when it is locked with the intent of stealing property, and\nwithin the previous ten year period, has been convicted three or more\ntimes, in separate criminal transactions for which sentence was imposed\non separate occasions, of criminal mischief in the fourth degree as\ndefined in section 145.00, criminal mischief in the third degree as\ndefined in this section, criminal mischief in the second degree as\ndefined in section 145.10, or criminal mischief in the first degree as\ndefined in section 145.12 of this article; or\n 2. damages property of another person in an amount exceeding two\nhundred fifty dollars.\n Criminal mischief in the third degree is a class E felony.\n