2006 New York Code - Vehicular Manslaughter In The First Degree.

 
  § 125.13 Vehicular manslaughter in the first degree.
    A  person is guilty of vehicular manslaughter in the first degree when
  he or she:
    (1) commits the crime of vehicular manslaughter in the  second  degree
  as defined in section 125.12, and
    (2)  commits  such  crime while knowing or having reason to know that:
  (a) his or her license or his or her  privilege  of  operating  a  motor
  vehicle  in another state or his or her privilege of obtaining a license
  to operate a motor vehicle in another state is suspended or revoked  and
  such  suspension  or revocation is based upon a conviction in such other
  state for an offense which would, if committed in this state, constitute
  a  violation  of  any  of  the  provisions  of  section  eleven  hundred
  ninety-two  of the vehicle and traffic law; or (b) his or her license or
  his or her privilege of operating a motor vehicle in the state or his or
  her privilege of obtaining a license issued by the commissioner of motor
  vehicles is suspended or revoked and such suspension  or  revocation  is
  based  upon  either  a  refusal to submit to a chemical test pursuant to
  section eleven hundred ninety-four of the vehicle  and  traffic  law  or
  following  a  conviction  for  a  violation  of any of the provisions of
  section eleven hundred ninety-two of the vehicle and traffic law.
    If it is established that the  person  operating  such  motor  vehicle
  caused such death while unlawfully intoxicated or impaired by the use of
  a  drug,  then there shall be a rebuttable presumption that, as a result
  of such intoxication or impairment by the use of  a  drug,  such  person
  operated  the  motor  vehicle  in  a  manner  that caused such death, as
  required by this section.
    Vehicular manslaughter in the first degree is a class C felony.