N.Y. PEN Law § 160.15

§ 160.15 Robbery in the first degree.\n A person is guilty of robbery in the first degree when he forcibly\nsteals property and when, in the course of the commission of the crime\nor of immediate flight therefrom, he or another participant in the\ncrime:\n 1. Causes serious physical injury to any person who is not a\nparticipant in the crime; or\n 2. Is armed with a deadly weapon; or\n 3. Uses or threatens the immediate use of a dangerous instrument; or\n 4. Displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm; except that in any prosecution under this\nsubdivision, it is an affirmative defense that such pistol, revolver,\nrifle, shotgun, machine gun or other firearm was not a loaded weapon\nfrom which a shot, readily capable of producing death or other serious\nphysical injury, could be discharged. Nothing contained in this\nsubdivision shall constitute a defense to a prosecution for, or preclude\na conviction of, robbery in the second degree, robbery in the third\ndegree or any other crime.\n Robbery in the first degree is a class B felony.\n