Opinion
May 9, 1995
Appeal from the Supreme Court, New York County (Patricia Williams, J.).
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 N.Y.2d 340, 343), and the officer's failure to initial the vial sold by defendant was inconsequential under the circumstances of the case (compare, People v Padilla, 175 A.D.2d 20, lv denied 79 N.Y.2d 830, with People v Ruiz, 162 A.D.2d 350).
Defendant's claim that he was improperly denied an opportunity to establish that his attorney failed to advise him of his right to testify before the Grand Jury is rendered academic by defendant's unsuccessful and final litigation of the identical issue after a full hearing on his motion to vacate judgment pursuant to CPL article 440, and subsequent denial of leave to appeal.
We have reviewed defendant's remaining arguments, including those contained in his pro se supplemental brief, and find them without merit.
Concur — Ellerin, J.P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.