N.Y. Penal Law § 265.09: Criminal use of a firearm in the first degree

§ 265.09 Criminal use of a firearm in the first degree.

(1) A person is guilty of criminal use of a firearm in the first

degree when he commits any class B violent felony offense as defined in

paragraph (a) of subdivision one of section 70.02 and he either:

(a) 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

(b) displays what appears to be a pistol, revolver, rifle, shotgun,

machine gun or other firearm.

Criminal use of a firearm in the first degree is a class B felony.

(2) Sentencing. Notwithstanding any other provision of law to the

contrary, when a person is convicted of criminal use of a firearm in the

first degree as defined in subdivision one of this section, the court

shall impose an additional consecutive sentence of five years to the

sentence imposed on the underlying class B violent felony offense where

the person convicted of such crime displays a loaded weapon from which a

shot, readily capable of producing death or other serious injury may be

discharged, in furtherance of the commission of such crime, provided,

however, that such additional sentence shall not be imposed if the

court, having regard to the nature and circumstances of the crime and to

the history and character of the defendant, finds on the record that

such additional consecutive sentence would be unduly harsh and that not

imposing such sentence would be consistent with the public safety and

would not deprecate the seriousness of the crime. Notwithstanding any

other provision of law to the contrary, the aggregate of the five year

consecutive term imposed pursuant to this subdivision and the minimum

term of the indeterminate sentence imposed on the underlying class B

violent felony shall constitute the new aggregate minimum term of

imprisonment, and a person subject to such term shall be required to

serve the entire aggregate minimum term and shall not be eligible for

release on parole or conditional release during such term. This

subdivision shall not apply where the defendant's criminal liability for

displaying a loaded weapon from which a shot, readily capable of

producing death or other serious injury may be discharged, in

furtherance of the commission of crime is based on the conduct of

another pursuant to section 20.00 of this chapter.