NYSentencing

§ 275.20  Manufacture  or  sale  of  an  unauthorized  recording  of  a
              performance in the first degree.
  A  person commits the crime of unauthorized recording of a performance
in the first degree when he commits the crime of manufacture or sale  of
an  unauthorized  recording  of  a  performance  in the second degree as
defined in section 275.15 of this article and either:
  1.  such person has previously been convicted of that crime within the
past five years; or
  2.   commission   of   that  crime  involves  at  least  one  thousand
unauthorized sound recordings  or  at  least  one  hundred  unauthorized
audiovisual recordings.
  Manufacture  or  sale of an unauthorized recording of a performance in
the first degree is a class E felony.
with Argument