Opinion
October 19, 1992
Appeal from the County Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed.
On appeal, the defendant argues that the court incorrectly refused to instruct the jury on the affirmative defense to the charge of robbery in the first degree (Penal Law § 160.15). We disagree. It was proper for the court to decline to issue such a charge since the defendant failed to meet his burden of making a prima facie showing that the revolver displayed by the codefendant during the course of the robbery was unloaded or inoperable (see, People v Cotarelo, 71 N.Y.2d 941; People v Proctor, 151 A.D.2d 788; People v Stoute, 140 A.D.2d 728). Bracken, J.P., Harwood, Miller and Copertino, JJ., concur.