PEOPLE v. EDWARDS


121 A.D.2d 254 (1986)

The People of the State of New York, Respondent, v. Eugene Edwards, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1986


Defendant was convicted of two counts of robbery in the first degree and two counts of burglary in the first degree based upon his display of "what appears to be a pistol, revolver * * * or other firearm" (Penal Law § 140.30 [4]; § 160.15 [4]). However, it is an affirmative defense, reducing the crime from the first to the second degree, that such firearm was not a loaded weapon "from which a shot, readily capable of producing...

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