§ 265.08 Criminal use of a firearm in the second degree.\n A person is guilty of criminal use of a firearm in the second degree\nwhen he commits any class C violent felony offense as defined in\nparagraph (b) of subdivision one of section 70.02 and he either:\n (1) possesses a deadly weapon, if the weapon is a loaded weapon from\nwhich a shot, readily capable of producing death or other serious injury\nmay be discharged; or\n (2) displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm.\n Criminal use of a firearm in the second degree is a class C felony.\n
N.Y. Penal Law § 265.08
Criminal use of a firearm in the second degree
Applied in 4 court decisions — leading case People v. Collier (2017)
Most recently applied in People v. Butler (March 2017)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.