§ 120.04 Vehicular assault in the first degree.
A person is guilty of vehicular assault in the first degree when he:
(1) commits the crime of vehicular assault in the second degree as
defined in section 120.03, and
(2) commits such crime while knowing or having reason to know that:
(a) his license or his privilege of operating a motor vehicle in
another state or his 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 license
or his privilege of operating a motor vehicle in the state or his
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.
Vehicular assault in the first degree is a class D felony.
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Link to CJI2d