NYSentencing

§ 120.60 Stalking in the first degree.
  A person is guilty of stalking in the first  degree  when  he  or  she
commits the crime of stalking in the third degree as defined in subdivi-
sion three of section 120.50 or stalking in the second degree as defined 
in section 120.55 of this article and, in  the  course  and  furtherance
thereof, he or she:
  1. intentionally or recklessly causes physical injury to the victim of 
such crime; or
  2.  commits a class A misdemeanor defined in article one hundred thirty 
of this chapter, or a class E felony defined in section 130.25, 130.40 or  
130.85 of this  chapter, or a class D felony defined in section 130.30 or 
130.45 of this chapter.
  Stalking in the first degree is a class D felony.
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