Legal Opinion

People v. Stewart

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1992PublishedCited by 2 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. MorganNew York Court of Appeals · 1985
  4. People v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. PiazzaAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by2 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2002

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