NYSentencing

§ 145.05 Criminal mischief in the third degree.
  A person is guilty of criminal mischief in the third degree when, with
intent to damage property of another person, and having no right  to  do
so  nor  any reasonable ground to believe that he or she has such right,
he or she:
  1.  damages the motor vehicle of another person, by breaking into such
vehicle when it is locked with the  intent  of  stealing  property,  and
within  the  previous  ten year period, has been convicted three or more
times, in separate criminal transactions for which sentence was  imposed
on  separate  occasions,  of  criminal  mischief in the fourth degree as
defined in section 145.00, criminal mischief  in  the  third  degree  as
defined  in  this  section,  criminal  mischief  in the second degree as
defined in section 145.10, or criminal mischief in the first  degree  as
defined in section 145.12 of this article; or
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars.
  Criminal mischief in the third degree is a class E felony.
with Argument