Although it is undisputed that the deceased was killed by nine millimeter bullets fired from a nine millimeter pistol, the court properly received in evidence .380 caliber ammunition recovered from defendant's bedroom one week after the shooting. A ballistics expert testified that .380 caliber ammunition, while not ideally suited for such purpose, could be discharged from a nine millimeter pistol (see, People v Mirenda,
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PEOPLE v. JIMENEZ
267 A.D.2d 60 (1999)
700 N.Y.S.2d 123
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL JIMENEZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 9, 1999.
Decided December 9, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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