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People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 701 (N.Y. App. Div. 2000)

Opinion

April 24, 2000.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 3, 1998, convicting him of attempted murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Goldstein, J. P., Florio, Feuerstein and Schmidt, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the People established a proper chain of custody as to People's Exhibit 1, i.e., three nine-millimeter shell casings found at the scene of the shooting, by providing reasonable assurances of the identity and unchanged condition of the evidence. Thus, that evidence was properly admitted ( see, People v. Julian, 41 N.Y.2d 340, 343, quoting Amaro v. City of New York, 40 N.Y.2d 30, 35; People v. Brown, 251 A.D.2d 341). The defendant's claims regarding irregularities in the chain of custody go to the weight and not the admissibility of the evidence ( see, People v. Vasquez, 143 A.D.2d 525).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, and, in any event, without merit.


Summaries of

People v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 701 (N.Y. App. Div. 2000)
Case details for

People v. Morrison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW York, Respondent, v. PERCIVAL MORRISON…

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

Date published: Apr 24, 2000

Citations

271 A.D.2d 701 (N.Y. App. Div. 2000)
707 N.Y.S.2d 853