NY Penal Law 265.08 – Criminal use of a firearm in the second degree
Criminal use of a firearm in the 2nd degree.
A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:
(1) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
(2) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Criminal use of a firearm in the second degree is a class C felony.
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