Opinion
00-09369
February 8, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered October 6, 2000, convicting him of criminal possession of a weapon in the third degree, menacing in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Steven A. Feldman, Hauppauge, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Steven R. Bernhard of counsel), for respondent.
A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, ANITA R. FLORIO, and WILLIAM D. FRIEDMANN, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that a razor blade was improperly admitted into evidence because the People failed to establish a complete chain of custody is meritless. The circumstances provide reasonable assurances as to the identity and unchanged condition of the razor (see, People v. Julian, 41 N.Y.2d 340, 343; Matter of Kassan D., 287 A.D.2d 564; People v. Cruz, 275 A.D.2d 420; People v. Morrison, 271 A.D.2d 701). Additionally, any irregularities in the chain of custody go to the weight of that evidence, not to its admissibility (see, People v. Shenouda, 283 A.D.2d 446; People v. Cruz, supra; People v. Morrison, supra).
The defendant's contention that the trial court improvidently exercised its discretion in failing to impose a sanction on the People for making a late Rosario (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866) disclosure is similarly meritless. The record is clear that the defendant was not prejudiced by the late disclosure and, in fact, was able to effectively utilize the material in his cross-examination of the police detective (see, People v. Banch, 80 N.Y.2d 610; People v. Ranghelle, 69 N.Y.2d 56; People v. Robertson, 275 A.D.2d 380; People v. Gramby, 251 A.D.2d 346; People v. Farner, 234 A.D.2d 561).