A person is guilty of unauthorized use of a vehicle in the second degree when:
He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 or second degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
N.Y. Penal Law § 165.06