N.Y. Penal Law § 275.10

§ 275.10 Manufacture of unauthorized recordings in the first degree.\n A person is guilty of manufacture of unauthorized recordings in the\nfirst degree when he commits the crime of manufacture of unauthorized\nrecordings in the second degree as defined in section 275.05 of this\narticle and either:\n 1. has previously been convicted of that crime within the past five\nyears; or\n 2. commits that crime by the manufacture of one thousand unauthorized\nsound recordings; provided, however, that this section shall only apply\nto sound recordings initially fixed prior to February fifteenth,\nnineteen hundred seventy-two.\n Manufacture of unauthorized recordings in the first degree is a class\nE felony.\n