N.Y. Penal Law § 165.06

§ 165.06 Unauthorized use of a vehicle in the second degree.\n A person is guilty of unauthorized use of a vehicle in the second\ndegree when:\n He commits the crime of unauthorized use of a vehicle in the third\ndegree as defined in subdivision one of section 165.05 of this article\nand has been previously convicted of the crime of unauthorized use of a\nvehicle in the third degree as defined in subdivision one of section\n165.05 or second degree within the preceding ten years.\n Unauthorized use of a vehicle in the second degree is a class E\nfelony.\n