Although defense counsel stipulated that the ballistic expert, if called as a witness, would testify that the subject gun was tested and found to be operable, such stipulation merely encompassed what the expert would state in his testimony, and was not a concession that the expert's conclusions were accurate or that the gun, in fact, was operable. Accordingly, since the evidence presented an issue with respect to the operability of the gun, the court should have granted defense...
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