It was not shown that the .22 calibre shell found in the defendant's possession was capable of discharging the gun found in his possession. In view of the fact that defendant's possession of the gun was proven beyond a reasonable doubt, the reduction of the conviction under subdivision 2 of section 265.05 of the Penal Law to one under subdivision 3 of section 265.05 of the Penal Law is warranted. (People v Garcia,
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