People v. Santostefano

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Corso, J.), rendered October 10,1980, convicting him of robbery in the first degree (Penal Law, § 160.15, subd 4), upon a jury verdict, and imposing sentence.

Judgment affirmed.

The only issue raised by defendant on this appeal is whether he established at trial, by a preponderance of the evidence, the affirmative defense that the firearm “was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged” (Penal Law, § 160.15, subd 4; § 25.00, subd 2).

We…