People v. Jimenez

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered June 23, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22V2 years to life, unanimously affirmed.

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…