People v. Gamble

— Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: The failure of the People to establish a chain of custody linking defendant to heroin allegedly sold by him is fatal to defendant’s conviction. When a fungible item, such as a powdery substance, is sought to be admitted as evidence, it must be established that the evidence is identical to that involved in the crime charged and that the evidence has not been tampered with (People v Julian, 41 NY2d 340, 342-343). This requires that all who have handled the item identify it and testify to its custody and…