New York Consolidated Laws

N.Y. Penal Law § 265.08 (2026)

Criminal use of a firearm in the second degree

✓ current as of May 2026

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§ 265.08 Criminal use of a firearm in the second degree.
  A person is guilty of criminal use of a firearm in the second degree
when he commits any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02 and he either:
  (1) 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
  (2) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the second degree is a class C felony.

Notes of Decisions

Cited in 31 cases (6 in the last 5 years), 1985–2025 · leading case: People v. Collier, 146 A.D.3d 1146 (N.Y. App. Div. 2017).

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People v. Collier, 146 A.D.3d 1146 (N.Y. App. Div. 2017). “02 [1] [a], [b]) and possesses a loaded, deadly weapon from which a shot “readily capable of producing death or other serious injury may be discharged” (Penal Law §§ 265.08 [1]; 265.09 [1] [a]).”

People v. De George, 541 N.E.2d 11 (NY 1989). “10) and criminal use of a firearm in the second degree (Penal Law § 265.08) as the result of the barroom shooting of Gary Campbell.”

People v. Butler, 148 A.D.3d 1540 (N.Y. App. Div. 2017). “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal use of a firearm in the second degree (Penal Law § 265.08 [2]), criminal possession of a weapon in the fourth degree (§ 265.”

People v. Nelson, 128 A.D.3d 1225 (N.Y. App. Div. 2015). “00; People v Pine, 126 AD3d 1112, 1114 [2015]) and that, during the commission of the attempted assault, he possessed a deadly, loaded weapon, “from which a shot, readily capable of producing death or other serious injury may be discharged” (Penal Law § 265.08 [1]; see People v…”

People v. Garner, 174 A.D.2d 1028 (N.Y. App. Div. 1991). · cites it 2× “11); criminal use of a firearm in the second degree (Penal Law § 265.08 [1]; § 20.00); criminal possession of a weapon in the third degree (Penal Law § 265.”

Flynn v. James, 513 F. App'x 37 (2d Cir. 2013). “25 (l)(d), and criminal use of a firearm in the second degree, in violation of N.Y. Penal Law § 265.08 (2), for which crimes Flynn was sentenced principally to two concurrent terms of ten years’ imprisonment.”

People v. Estevez-Santos, 114 A.D.3d 1174 (N.Y. App. Div. 2014). “Memorandum: Defendant appeals from a judgment convicting *1175 him upon his plea of guilty of criminal use of a firearm in the second degree (Penal Law § 265.08 [2]). “Defendant did not move to withdraw the plea or to vacate the judgment of conviction and thus his contention…”

People v. Di Nicolantonio, 140 A.D.2d 44 (N.Y. App. Div. 1988). “03) and criminal use of a firearm in the second degree (Penal Law § 265.08 [1]). The principal item of evidence adduced against the defendant at trial consisted of his pretrial statement to police.”

People v. Pettway, 131 Misc. 2d 20 (N.Y. Sup. Ct. 1985). “01), a class A misdemeanor, and criminal use of a firearm in the second degree (Penal Law § 265.08), a class C violent felony.”

People v. Crisler, 278 A.D.2d 887 (N.Y. App. Div. 2000). · cites it 2× “03 [2]) and two counts of criminal use of a firearm in the second degree (Penal Law § 265.08 [1], [2]). He was sentenced as a persistent felony offender to concurrent indeterminate terms of incarceration of 25 years to life on each count.”

People v. Miller, 262 A.D.2d 796 (N.Y. App. Div. 1999). “Where, as here, the building entered by defendant is a dwelling, possession of a deadly weapon is not an element of burglary in the second degree (see, Penal Law § 140.”

People v. Stines, 2023 NY Slip Op 00003 (N.Y. App. Div. 2023). “Also as relevant here, a person is guilty of criminal use of a firearm in the second degree when he or she commits attempted assault in the first degree and "possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or…”

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