N.Y. Penal Law § 265.08: Criminal use of a firearm in the second degree

§ 265.08 Criminal use of a firearm in the second 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.