92 A.D.2d 734 | N.Y. App. Div. | 1983
— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of murder in the second degree and criminal possession of a weapon in the second degree. The victim was defendant’s wife; the cause of her death was a .22 caliber bullet wound to the head; and the bullet entered the left side of her forehead and lodged at the right rear of her head. The homicide occurred in the marital home sometime during the early morning on March 9,1980. It is undisputed that only one shot was fired and that at the time the only persons in the home other than defendant and the victim were four small children who were asleep. Defendant testified, in effect, that the victim committed suicide in his presence. The medical examiner testified that he found powder residue on the left side of the victim’s face which spread across an area of 7.48 inches. A police officer was qualified as an expert in ballistics and he testified that he observed powder stippling on the victim’s face having a 6V2 to 7 inch pattern. He further testified that, using the same type and brand of ammunition as the death-causing bullet, and a target cotton placed in a frame, he test-fired defendant’s gun at various distances from the target. He stated that in order to achieve a powder residue pattern of 6V2 to 7 inches, the gun had to be fired at the target from a distance of approximately 20 to 25 inches. He further testified that his findings were based solely on the size of the pattern and that the material used for the target would not affect his