Scrutiny of the record discloses that the People failed to prove that the shotgun shells found in defendant's possession could be used to discharge the sawed-off shotgun (also found in his possession) as required by subdivision 2 of section 265.05 of the Penal Law. The shells, introduced as evidence, were merely identified as 12-gauge barrel shot. This is insufficient to determine their quality as "live rounds" which may be used to discharge the firearm. In view of the fact...
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