N.Y. PEN. LAW § 145.65 : NY Code - Section 145.65: Possession of graffiti instruments

A  person  is  guilty  of  possession  of graffiti instruments when he
  possesses any tool, instrument, article, substance,  solution  or  other
  compound  designed  or commonly used to etch, paint, cover, draw upon or
  otherwise place a mark upon a piece of property which that person has no
  permission or authority to etch, paint, cover, draw  upon  or  otherwise
  mark,  under  circumstances  evincing  an intent to use same in order to
  damage such property.
    Possession of graffiti instruments is a class B misdemeanor.