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People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 420 (N.Y. App. Div. 2000)

Opinion

Argued June 6, 2000

August 21, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered May 9, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Judith Preble and Toko Serita of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anne C. Feigus, and Morris J. Massel of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that the trial court erred in admitting into evidence spent shell casings and a deformed bullet. The testimony presented at the trial sufficiently established the authenticity of that evidence through "reasonable assurances of identity and unchanged condition" (People v. Julian, 41 N.Y.2d 340, 343; People v. Porter, 46 A.D.2d 307, 311). Accordingly, the defendant's claim of irregularities in the chain of custody went to the weight, rather than the admissibility, of the evidence (see, People v. McGee, 49 N.Y.2d 48, 59-60, cert denied 446 U.S. 942; People v. White, 40 N.Y.2d 797, 799-800).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, either were waived or are without merit.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 420 (N.Y. App. Div. 2000)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. CARLOS CRUZ, APPELLANT. (IND. NO…

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

Date published: Aug 21, 2000

Citations

275 A.D.2d 420 (N.Y. App. Div. 2000)
712 N.Y.S.2d 869

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