People v. Stewart
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the People failed to establish a sufficient chain of custody with *1029respect to the paper napkin seized from defendant’s vehicle. The record provides reasonable assurances of the identity and unchanged condition of the evidence (see, People v Julian, 41 NY2d 340, 343). Therefore, any deficiencies in the chain of custody affect only the weight of the evidence, not its admissibility (see, People v Julian, supra, at 344; People v Donovan, 141 AD2d 835, 837, lv denied 72 NY2d 1044; People v Piazza, 121 AD2d 573, 574, lv…
2Cases cited6 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. CrimminsNew York Court of Appeals · 1975
- People v. MorganNew York Court of Appeals · 1985
- People v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PiazzaAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by2 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2002