New York Penalty.

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    §  17-166.  Penalty.  Any person convicted of a misdemeanor under this
  article shall for a first offense be punished by  imprisonment  for  not
  more  than  one  year, or by a fine of not less than one hundred dollars
  nor  more  than  five  hundred  dollars,  or  by  both  such  fine   and
  imprisonment.  Any  person  who,  having been convicted of a misdemeanor
  under this article, shall thereafter be convicted of another misdemeanor
  under this article, shall be guilty of a felony.