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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 446 (N.Y. App. Div. 2004)

Opinion

2733.

Decided January 27, 2004.

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered October 25, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Alan Gadlin, for Respondent.

Beth S. Lyons, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.


The court properly admitted into evidence the glassine envelopes of heroin at issue, since the testimony of the undercover officer and of the members of his field team provided reasonable assurances of an unbroken chain of custody and also provided a reasonable assurance of the identity and unchanged condition of the narcotics ( see People v. Julian, 41 N.Y.2d 340). Any discrepancies in the chain of custody, which concerned only the markings that the police added to the glassine envelopes, and not the appearance or integrity of the glassine envelopes themselves, went to the weight of the evidence, not to its admissibility.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 446 (N.Y. App. Div. 2004)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN GONZALEZ…

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

Date published: Jan 27, 2004

Citations

3 A.D.3d 446 (N.Y. App. Div. 2004)
770 N.Y.S.2d 626