N.Y. Penal Law § 176.35

§ 176.35 Aggravated insurance fraud.\n A person is guilty of aggravated insurance fraud in the fourth degree\nwhen he commits a fraudulent insurance act, and has been previously\nconvicted within the preceding five years of any offense, an essential\nelement of which is the commission of a fraudulent insurance act.\n Aggravated insurance fraud in the fourth degree is a class D felony.\n