From Casetext: Smarter Legal Research

People v. Crayton

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 1020 (N.Y. App. Div. 2000)

Opinion

September 29, 2000.

Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Sale Controlled Substance, 3rd Degree.)

PRESENT : GREEN, J. P., PINE, HAYES, HURLBUTT AND KEHOE, JJ.


Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that County Court erred in admitting the cocaine in evidence at trial because of deficiencies in the chain of custody. "Deficiencies in the chain of custody of property go to the weight rather than the admissibility of that evidence, as long as the requirements of proof of identity and unchanged condition are met" ( People v. Caldwell, 221 A.D.2d 972, 973, lv denied 87 N.Y.2d 920; see, People v. Julian, 41 N.Y.2d 340, 343; People v. Cleveland, 273 A.D.2d 787 [decided June 16, 2000]). The cocaine was properly admitted where, as here, the trial testimony provided adequate assurances that the cocaine taken from defendant was the same as that analyzed by the police laboratory and that no tampering had occurred ( see, People v. Cleveland, supra; People v. Jimenez, 233 A.D.2d 465, lv denied 89 N.Y.2d 924; People v. Caldwell, supra, at 973). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Crayton

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 1020 (N.Y. App. Div. 2000)
Case details for

People v. Crayton

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. KEVIN CRAYTON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 29, 2000

Citations

275 A.D.2d 1020 (N.Y. App. Div. 2000)
714 N.Y.S.2d 915