N.Y. Penal Law § 145.27

§ 145.27 Aggravated cemetery desecration in the first degree.\n A person is guilty of aggravated cemetery desecration in the first\ndegree when such person commits the crime of aggravated cemetery\ndesecration in the second degree and has been previously convicted\nwithin the past five years of the crime of cemetery desecration in the\nsecond degree as defined in section 145.22 of this article, cemetery\ndesecration in the first degree as defined in section 145.23 of this\narticle or aggravated cemetery desecration in the second degree as\ndefined in section 145.26 of this article.\n Aggravated cemetery desecration in the first degree is a class D\nfelony.\n