N.Y. Penal Law § 220.55

§ 220.55 Criminally using drug paraphernalia in the first degree.\n A person is guilty of criminally using drug paraphernalia in the first\ndegree when he commits the crime of criminally using drug paraphernalia\nin the second degree and he has previously been convicted of criminally\nusing drug paraphernalia in the second degree.\n Criminally using drug paraphernalia in the first degree is a class D\nfelony.\n