People v. Wilson

*243OPINION OF THE COURT

Denman, P. J.

Defendant’s challenge to the jury instructions requires us to decide whether an unloaded shotgun may nonetheless be deemed “loaded” within Penal Law § 10.00 (12), merely because the defendant in possession of the shotgun is simultaneously in possession of shells. If we answer that question in the negative, we must determine whether an unloaded shotgun is a “deadly weapon” within the meaning of Penal Law § 10.00 (12), and whether, under the circumstances presented, it is a “dangerous instrument” within the meaning of Penal Law § 10.00 (13). We answer each of…