People v. Cotarelo

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered June 15, 1982, convicting him of robbery in the first degree, robbery in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

*726Ordered that the judgment is affirmed.

Criminal Term did not err in failing to charge, as an affirmative defense to robbery in the first degree, that the firearm displayed was not a loaded weapon from which a shot, readily capable of producing death or serious physical injury, could be discharged…