A person is guilty of aggravated grand larceny of an automated teller machine when he or she commits the crime of grand larceny in the third degree, as defined in subdivision two of section 155.35 of this article and has been previously convicted of grand larceny in the third degree within the previous five years.
Aggravated grand larceny of an automated teller machine is a class C felony.
N.Y. Penal Law § 155.43