2010 New York Code
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 190 - (190.00 - 190.86) OTHER FRAUDS
190.80 - Identity theft in the first degree.

§ 190.80 Identity theft in the first degree.
    A  person  is  guilty of identity theft in the first degree when he or
  she knowingly and with intent to defraud assumes the identity of another
  person by presenting himself or herself as  that  other  person,  or  by
  acting as that other person or by using personal identifying information
  of that other person, and thereby:
    1.  obtains  goods,  money, property or services or uses credit in the
  name of such other person  in  an  aggregate  amount  that  exceeds  two
  thousand dollars; or
    2.  causes  financial  loss  to  such  person  or to another person or
  persons in an aggregate amount that exceeds two thousand dollars; or
    3. commits or attempts to commit a class  D  felony  or  higher  level
  crime  or  acts as an accessory in the commission of a class D or higher
  level felony; or
    4. commits the crime of identity theft in the second degree as defined
  in section 190.79 of this article  and  has  been  previously  convicted
  within  the  last  five  years  of identity theft in the third degree as
  defined in section 190.78,  identity  theft  in  the  second  degree  as
  defined in section 190.79, identity theft in the first degree as defined
  in   this   section,  unlawful  possession  of  personal  identification
  information in the third degree as defined in section  190.81,  unlawful
  possession  of  personal identification information in the second degree
  as  defined  in  section  190.82,  unlawful   possession   of   personal
  identification  information  in  the  first degree as defined in section
  190.83, unlawful possession of a skimmer device in the second degree  as
  defined  in  section  190.85, unlawful possession of a skimmer device in
  the first degree as defined in section  190.86,  grand  larceny  in  the
  fourth  degree  as defined in section 155.30, grand larceny in the third
  degree as defined in section 155.35, grand larceny in the second  degree
  as  defined  in  section  155.40 or grand larceny in the first degree as
  defined in section 155.42 of this chapter.
    Identity theft in the first degree is a class D felony.