Opinion
September 28, 1993
Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).
Defendant failed to preserve for appellate review his claim that there was a break in the chain of custody concerning evidence admitted at trial (CPL 470.05; People v Nuccie, 57 N.Y.2d 818), and we decline to review this issue in the interest of justice. Were we to review, we would find this claim without merit since the arresting officer's testimony as to when he vouchered the two envelopes of heroin goes to his credibility. He testified that after receiving the envelopes from his partner, he alone handled the envelopes and placed them with the property clerk. Any weakness in such testimony goes to the weight of such evidence, not its admissibility (see, People v Sarmiento, 168 A.D.2d 328, affd 77 N.Y.2d 976).
Concur — Murphy, P.J., Sullivan, Kupferman and Nardelli, JJ.