Opinion
November 12, 1999
Appeal from Judgment of Monroe County Court, Connell, J. — Murder, 2nd Degree.
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly permitted a police investigator to testify that defendant possessed a silver .380 caliber handgun four days before the attempted robbery and murder. In view of the evidence that one of the participants in the crime carried a silver .380 caliber handgun, that testimony was admissible to establish defendant's identity (see, People v. Jackson, 237 A.D.2d 620, lv denied 90 N.Y.2d 894; People v. Sheriff, 234 A.D.2d 894, lv denied 90 N.Y.2d 910; People v. Chamberlain, 96 A.D.2d 959, 960). The sentence is neither unduly harsh nor severe.