NYSentencing

§ 190.83 Unlawful possession of personal identification  information  in
           the first degree.
  A  person  is guilty of unlawful possession of personal identification
information in the first degree when he or  she  commits  the  crime  of
unlawful possession of personal identification information in the second
degree and:
  1.  with  intent  to  further  the commission of identity theft in the
second degree, he or she supervises more than three accomplices; or
  2. he or she 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,  iden-
tity  theft  in  the first degree as defined in section 190.80, unlawful
possession of personal identification information in the third degree as
defined in section 190.81, unlawful possession of  personal  identifica-
tion  information  in  the  second  degree as defined in section 190.82,
unlawful possession of personal identification information in the  first
degree  as  defined  in  this  section, 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 chap-
ter; or 
  3.  with  intent  to  further  the commission of identity theft in the
second degree:
  (a) he or she supervises more than two accomplices, and
  (b) he or she knows that  the  person  whose  personal  identification
information  that  he  or she possesses is a member of the armed forces,
and
  (c) he or she knows that such member of the armed forces is  presently
deployed outside of the continental United States.
  Unlawful possession of  personal  identification  information  in  the
first degree is a class D felony.
with Argument