Criminal use of a firearm in the second degree

N.Y. Penal Law § 265.08, under Firearms and Other Dangerous Weapons.

N.Y. Penal Law § 265.08

§ 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