Opinion
Filed May 10, 2000.
Appeal from Judgment of Ontario County Court, Harvey, J. — Aggravated Harassment of Employee by Inmate.
Judgment unanimously affirmed.
Present: PIGOTT, JR., P. J., GREEN, WISNER AND SCUDDER, JJ.
Memorandum:
Defendant appeals from a judgment convicting him of aggravated harassment of an employee by an inmate (Penal Law § 240.32). We reject defendant's contention that County Court erred in admitting in evidence the t-shirt and uniform shirt worn by the correction officer. Although the chain of custody was broken with respect to those items, the People's proof provided reasonable assurances that they were the same as those worn by the correction officer and that their condition was unchanged ( see, People v. Miller, 242 A.D.2d 896, 897, lv denied 91 N.Y.2d 876; People v. Anderson, 99 A.D.2d 560, 561). Any deficiency in the chain of custody affects the weight of the evidence, not its admissibility ( see, People v. Miller, supra, at 897).