Opinion
February 4, 1994
Appeal from the Onondaga County Court, Mulroy, J.
Present — Pine, J.P., Balio, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the court committed reversible error when it changed its Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371) just before opening statements. Defendant failed to show that he was prejudiced by the change in the ruling, and thus reversal is not required (cf., People v. Powe, 146 A.D.2d 718, 719, lv denied 73 N.Y.2d 1020; see also, People v. Bush, 187 A.D.2d 951, 952, lv denied 81 N.Y.2d 882; People v. Atkinson, 171 A.D.2d 430, lv denied 78 N.Y.2d 961). We further reject defendant's contention that the proof of physical injury is legally insufficient. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we conclude that the jury reasonably could have inferred that the victim suffered substantial pain as a result of a gunshot wound to his knee that required surgery and a hospital stay of a week (see, e.g., People v. Rojas, 61 N.Y.2d 726; cf., Matter of Philip A., 49 N.Y.2d 198, 200). While the court erred in permitting the prosecutor to impeach his witness (see, CPL 60.35; People v Fitzpatrick, 40 N.Y.2d 44, 51-52; People v. Broadwater, 116 A.D.2d 1022), the error was harmless (see, People v. Smith, 190 A.D.2d 1022, lv denied 81 N.Y.2d 976). Contrary to defendant's contention, the court properly admitted the rifle and ammunition into evidence; there were "`reasonable assurances of the identity and unchanged condition' of the evidence" (People v. Julian, 41 N.Y.2d 340, 343, quoting Amaro v. City of New York, 40 N.Y.2d 30, 35) and thus, any deficiencies in the chain of custody affect the weight of that evidence (see, People v. McGee, 49 N.Y.2d 48, 60, cert denied sub nom. Waters v. New York, 446 U.S. 942; People v Donovan, 141 A.D.2d 835, 837, lv denied 72 N.Y.2d 1044).
Defendant's remaining arguments on appeal are unpreserved and we decline to reach them in the interest of justice (see, CPL 470.15).