PEOPLE v. FWILO


47 A.D.2d 727 (1975)

The People of the State of New York, Respondent, v. Charles Fwilo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 6, 1975


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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