N.Y. Penal Law § 155.43

§ 155.43 Aggravated grand larceny of an automated teller machine.\n A person is guilty of aggravated grand larceny of an automated teller\nmachine when he or she commits the crime of grand larceny in the third\ndegree, as defined in subdivision two of section 155.35 of this article\nand has been previously convicted of grand larceny in the third degree\nwithin the previous five years.\n Aggravated grand larceny of an automated teller machine is a class C\nfelony.\n