If your son was convicted of PL 265.03 he would be eligible for the violent felony override so long as his crime did not involve his
"either being armed with,
the use of,
the threatened use of,
or the possession with the intent to use unlawfully against another of,
a deadly weapon or a dangerous instrument,
or the crime involved the infliction of serious physical injury." (See 7 NYCRR §1900.4 (c)(1)(iii))
Based on the fact that the gun was found under the seat of his truck rather than on his person, if he pled guilty to 265.03(3) he would appear to be eligible for the override. He would need to petition the sentencing judge for the override.
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