Opinion
Argued April 19, 2001.
May 7, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 8, 1993, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan E. Kriete of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: SANTUCCI, J.P., ALTMAN, FLORIO and ADAMS, JJ.
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion by admitting into evidence three syringes turned over to the police. The connection between the defendant and the syringes was not so tenuous as to be improbable (see, People v. Mirenda, 23 N.Y.2d 439, 453; see also, People v. Connelly, 35 N.Y.2d 171, 174; People v. Nicholson, 231 A.D.2d 533; People v. Jennings, 173 A.D.2d 733; People v. Morales, 161 A.D.2d 806). Any uncertainty as to the identification of the syringes affects only the weight to be given to them, not their admissibility (see, People v. Julian, 41 N.Y.2d 340, 343; People v. Moore, 248 A.D.2d 405; People v. Jason, 210 A.D.2d 256; People v. Griffith, 171 A.D.2d 678, 680-681).