PEOPLE v. RIVERA

Ordered that the judgment is affirmed.

We find no merit in the defendant's contention that the trial court erred when it rejected his request that the jury be instructed on the lesser-included offense of robbery in the second degree. By no reasonable view of the evidence presented could the jury have concluded that the gun displayed 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), thereby warranting the instruction on the lesser charge (see, People v. Gilliard, 72 N.Y.2d 877; People v. Cotarelo, 71 N.Y.2d 941; CPL 300.50; see generally, People v. Lopez, 73 N.Y.2d 214, 219-220). Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.