N.Y. Penal Law § 165.08: Unauthorized use of a vehicle in the first degree

§ 165.08 Unauthorized use of a vehicle in the first degree.

A person is guilty of unauthorized use of a vehicle in the first

degree when knowing that he does not have the consent of the owner, he

takes, operates, exercises control over, rides in or otherwise uses a

vehicle with the intent to use the same in the course of or the

commission of a class A, class B, class C or class D felony or in the

immediate flight therefrom. A person who engages in any such conduct

without the consent of the owner is presumed to know he does not have

such consent.

Unauthorized use of a vehicle in the first degree is a class D felony.