Opinion
July 2, 1998
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
The People's failure to call one of the officers who handled the drugs after defendant's arrest did not create a fatal gap in the chain of custody where another officer testified that he saw the absent witness give the vial in question to the vouchering office. These circumstances provide reasonable assurance of the identity and unchanged condition of the evidence ( see, People v. Julian, 41 N.Y.2d 340).
Concur — Sullivan, J.P., Milonas, Rubin, Williams and Andrias, JJ.