2006 New York Code - 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
  minimum term of an indeterminate  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  the  penal
  law.