N.Y. Penal Law § 165.08

§ 165.08 Unauthorized use of a vehicle in the first degree. A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent. Unauthorized use of a vehicle in the first degree is a class D felony.