N.Y. Penal Law § 405.14

§ 405.14 Unpermitted use of indoor pyrotechnics in the first degree.\n A person is guilty of unpermitted use of indoor pyrotechnics in the\nfirst degree when he or she commits the crime of unpermitted use of\nindoor pyrotechnics in the second degree, as defined in section 405.12\nof this article, and, within the previous five year period, he or she\nhas been convicted one or more times of the crime of unpermitted use of\nindoor pyrotechnics in the second degree, as defined in section 405.12\nof this article, or unpermitted use of indoor pyrotechnics in the first\ndegree, as defined in this section.\n Unpermitted use of indoor pyrotechnics in the first degree is a class\nE felony.\n