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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 405 (N.Y. App. Div. 1998)

Opinion

March 2, 1998

Appeal from the County Court, Nassau County (Orenstein, J.).


Ordered that the judgment is affirmed.

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).

The defendant's contention that fingerprint evidence should not have been admitted since the People failed to establish a chain of custody is unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, it is well settled that a chain of custody should be tested not by the satisfaction of a technical series of steps, but by whether the proof satisfies the rationale for requiring an evidentiary foundation (see, People v. Julian, 41 N.Y.2d 340, 344; People v. Stephens, 189 A.D.2d 837). Failure to establish a chain of custody may be excused where, as here, the circumstances provide reasonable assurances of the identity and unchanged condition of the evidence (People v. Julian, supra, at 343, quoting Amaro v. City of New York, 40 N.Y.2d 30, 35).

Contrary to the defendant's further contention, his statement to the arresting officer after having invoked his right to counsel was a voluntary and spontaneous statement and, therefore, admissible (see, People v. Rivers, 56 N.Y.2d 476).

The defendant's remaining contentions are without merit.

Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 405 (N.Y. App. Div. 1998)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY MOORE, Appellant

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

Date published: Mar 2, 1998

Citations

248 A.D.2d 405 (N.Y. App. Div. 1998)
669 N.Y.S.2d 638

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