N.Y. Penal Law § 165.08

§ 165.08 Unauthorized use of a vehicle in the first degree.\n A person is guilty of unauthorized use of a vehicle in the first\ndegree when knowing that he does not have the consent of the owner, he\ntakes, operates, exercises control over, rides in or otherwise uses a\nvehicle with the intent to use the same in the course of or the\ncommission of a class A, class B, class C or class D felony or in the\nimmediate flight therefrom. A person who engages in any such conduct\nwithout the consent of the owner is presumed to know he does not have\nsuch consent.\n Unauthorized use of a vehicle in the first degree is a class D felony.\n