PEOPLE v. MARTINEZ


115 A.D.2d 665 (1985)

The People of the State of New York, Respondent, v. Francisco Martinez, Appellant

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

December 23, 1985


Judgment affirmed.

The trial court properly admitted into evidence a sawed-off shotgun which was allegedly the murder weapon. At trial, three witnesses identified the gun recovered from defendant's possession as either the one with which defendant shot decedent or one that looked exactly like it. It should be noted that the gun was somewhat unusual in appearance. Furthermore, the ballistics report determined that the shotgun pellets and plastic wadding removed from...

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