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People v. Isaac

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1118 (N.Y. App. Div. 2007)

Opinion

No. 2006-01144.

May 29, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered January 19, 2006, convicting him of criminal possession of a controlled substance in the fifth degree and resisting arrest, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel; Benjamin D. Gold on the brief), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Quynda L. Henry of counsel), for respondent.

Before: Mastro, J.P., Santucci, Krausman and Carni, JJ., concur.


Ordered that the judgment is affirmed.

The prosecution established a sufficient chain of custody of the controlled substance recovered from the defendant upon his arrest, and the prosecution witnesses provided reasonable assurances of the composition of the controlled substance and of its unchanged condition between its recovery and the trial ( see People v Julian, 41 NY2d 340, 343; People v Pearson, 270 AD2d 290; People v Flores-Ossa, 234 AD2d 315; People v Leach, 203 AD2d 483). Any deficiencies in the chain of custody went only to the weight to be accorded the evidence, not its admissibility ( see People v Julian, supra; People v Gibson, 28 AD3d 576, 576; People v Bryant, 302 AD2d 603, 604).

The defendant's remaining contention is unpreserved for appellate review.


Summaries of

People v. Isaac

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1118 (N.Y. App. Div. 2007)
Case details for

People v. Isaac

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL ISAAC…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 29, 2007

Citations

40 A.D.3d 1118 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4658
834 N.Y.S.2d 883

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