N.Y. PEN Law § 220.74

§ 220.74 Unlawful manufacture of methamphetamine in the second degree.\n A person is guilty of unlawful manufacture of methamphetamine in the\nsecond degree when he or she:\n 1. Commits the offense of unlawful manufacture of methamphetamine in\nthe third degree as defined in section 220.73 of this article in the\npresence of another person under the age of sixteen, provided, however,\nthat the actor is at least five years older than such other person under\nthe age of sixteen; or\n 2. Commits the crime of unlawful manufacture of methamphetamine in the\nthird degree as defined in section 220.73 of this article and has\npreviously been convicted within the preceding five years of the offense\nof criminal possession of precursors of methamphetamine as defined in\nsection 220.72 of this article, criminal possession of methamphetamine\nmanufacturing material in the first degree as defined in section 220.71\nof this article, unlawful disposal of methamphetamine laboratory\nmaterial as defined in section 220.76 of this article, unlawful\nmanufacture of methamphetamine in the third degree as defined in section\n220.73 of this article, unlawful manufacture of methamphetamine in the\nsecond degree as defined in this section, or unlawful manufacture of\nmethamphetamine in the first degree as defined in section 220.75 of this\narticle.\n Unlawful manufacture of methamphetamine in the second degree is a\nclass C felony.\n