Opinion
May 21, 1990
Appeal from the Supreme Court, Westchester County, McNab, J., Dachenhausen, J.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant's contention that the marihuana seized was the fruit of an illegal search and seizure is without merit. The seizure was effectuated pursuant to a validly executed warrant, and was therefore not in violation of his Fourth Amendment rights. Further, contrary to the defendant's assertion, the chain of custody of the evidence seized was properly established by the People's proof, which provided reasonable assurances of the identity and unchanged condition of the evidence (see, People v. Connelly, 35 N.Y.2d 171).
The defendant has failed to preserve for appellate review his contentions regarding the prosecutor's summation remarks as well as the prosecutor's impeachment of the defendant's witness (see, People v. Nuccie, 57 N.Y.2d 818; People v. Yaghnam, 135 A.D.2d 763; People v. Gonzalez, 102 A.D.2d 895).
We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Kooper, J.P., Sullivan, Harwood and Balletta, JJ., concur.