N.Y. PEN Law § 190.86

§ 190.86 Unlawful possession of a skimmer device in the first degree.\n A person is guilty of unlawful possession of a skimmer device in the\nfirst degree when he or she commits the crime of unlawful possession of\na skimmer device in the second degree and he or she has been previously\nconvicted within the last five years of identity theft in the third\ndegree as defined in section 190.78, identity theft in the second degree\nas defined in section 190.79, identity theft in the first degree as\ndefined in section 190.80, unlawful possession of personal\nidentification information in the third degree as defined in section\n190.81, unlawful possession of personal identification information in\nthe second degree as defined in section 190.82, unlawful possession of\npersonal identification information in the first degree as defined in\nsection 190.83, unlawful possession of a skimmer device in the second\ndegree as defined in section 190.85, unlawful possession of a skimmer\ndevice in the first degree as defined in this section, grand larceny in\nthe fourth degree as defined in section 155.30, grand larceny in the\nthird degree as defined in section 155.35, grand larceny in the second\ndegree as defined in section 155.40 or grand larceny in the first degree\nas defined in section 155.42 of this chapter.\n Unlawful possession of a skimmer device in the first degree is a class\nE felony.\n