Opinion
May 5, 1997
Appeal from the County Court, Dutchess County (Marlow, J.).
Ordered that the judgment is affirmed.
The trial court did not improvidently exercise its discretion by admitting into evidence the gun turned over to the police by one of the witnesses to the incident in question, within hours after the defendant was seen in possession of the gun. The connection between the defendant and the gun was not so tenuous as to be improbable (see, People v. Mirenda, 23 N.Y.2d 439, 453; see also, People v. Connelly, 35 N.Y.2d 171, 174; People v. Nicholson, 231 A.D.2d 533; People v. Jennings, 173 A.D.2d 733; People v Morales, 161 A.D.2d 806). Any uncertainty as to the identification of the gun goes to its weight as evidence and not to its admissibility (see, People v. White, 40 N.Y.2d 797, 799-800; see also, People v. Nicholson, supra; People v. Craig, 155 A.D.2d 550).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
O'Brien, J.P., Copertino, Thompson and Krausman, JJ., concur.