N.Y. Penal Law § 240.06

§ 240.06 Riot in the first degree.\n A person is guilty of riot in the first degree when he:\n 1. Simultaneously with ten or more other persons, engages in\ntumultuous and violent conduct and thereby intentionally or recklessly\ncauses or creates a grave risk of causing public alarm, and in the\ncourse of and as a result of such conduct, a person other than one of\nthe participants suffers physical injury or substantial property damage\noccurs; or\n 2. While in a correctional facility or a local correctional facility,\nas those terms are defined in subdivisions four and sixteen,\nrespectively, of section two of the correction law, simultaneously with\nten or more other persons, engages in tumultuous and violent conduct and\nthereby intentionally or recklessly causes or creates a grave risk of\ncausing alarm within such correctional facility or local correctional\nfacility and in the course of and as a result of such conduct, a person\nother than one of the participants suffers physical injury or\nsubstantial property damage occurs.\n Riot in the first degree is a class E felony.\n