People v. Shaffer

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reducing the convictions for attempted aggravated assault upon a peace officer, burglary in the first degree and criminal use of a firearm in the first degree to attempted assault in the second degree, burglary in the second degree and criminal possession of a weapon in the fourth degree, and by remitting the case to Che-mung County Court for resentencing and, as so modified, affirmed.

The People failed to establish that the gun found at the scene was a "deadly weapon” (Penal Law § 10.00 [12]) — that is,…