New York Consolidated Laws, Tax Law - TAX § 1809. Corporate taxes;  repeated failure to file

(a) Any person who, with intent to evade payment of any tax imposed under article nine, nine-A, thirteen, thirty-three or thirty-three-A of this chapter, fails to file a return or report for three consecutive taxable years shall be guilty of a class E felony, provided that such person had an unpaid tax liability, in excess of the threshold amount with respect to each of the three consecutive taxable years.  The threshold amount in the case of a taxable year under article nine-A of this chapter ending after June thirtieth, nineteen hundred eighty-nine is the applicable fixed dollar minimum prescribed under paragraph (d) of subdivision one of section two hundred ten of this chapter.  In the event such fixed dollar minimum is less than two hundred fifty dollars, the threshold amount in the case of such taxable year is two hundred fifty dollars.  In all other cases the threshold amount is two hundred fifty dollars.

(b) In any prosecution for a violation of subdivision (a) of this section, it shall be a defense that the defendant had no unpaid tax liability for any of the three consecutive taxable years.

(c) As used in this section, the terms “return” and “report” shall mean a return or report required under section one hundred ninety-two, two hundred eleven, two hundred ninety-four, fifteen hundred fifteen or fifteen hundred fifty-four of this chapter.  It shall not include any return or report referred to in section one hundred ninety-seven-a, two hundred thirteen-a, or fifteen hundred thirteen of this chapter.