People v. Davy

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered October 8, 1991, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court’s verdict was neither based on insufficient evidence nor against the weight of the evidence. The People established a sufficient chain of custody (People v Julian, 41 NY2d 340, 343), and the officer’s failure to initial the vial sold by defendant was inconsequential under the circumstances…