2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title P - OFFENSES AGAINST PUBLIC SAFETY
Article 265 - (265.00 - 265.45) FIREARMS AND OTHER DANGEROUS WEAPONS
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
  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.
    * NB Effective until March 16, 2013
    * (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.
    * NB Effective March 16, 2013