N.Y. Penal Law § 145.05: Criminal mischief in the third degree

§ 145.05 Criminal mischief in the third degree.

A person is guilty of criminal mischief in the third degree when, with

intent to damage property of another person, and having no right to do

so nor any reasonable ground to believe that he or she has such right,

he or she:

1. damages the motor vehicle of another person, by breaking into such

vehicle when it is locked with the intent of stealing property, and

within the previous ten year period, has been convicted three or more

times, in separate criminal transactions for which sentence was imposed

on separate occasions, of criminal mischief in the fourth degree as

defined in section 145.00, criminal mischief in the third degree as

defined in this section, criminal mischief in the second degree as

defined in section 145.10, or criminal mischief in the first degree as

defined in section 145.12 of this article; or

2. damages property of another person in an amount exceeding two

hundred fifty dollars.

Criminal mischief in the third degree is a class E felony.