NYSentencing

§ 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
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.
with Argument