Opinion
January 14, 1993
Appeal from the Supreme Court, Bronx County (Arlene Silverman, J.).
Defendant's contention that there was an insufficient basis for the hearing court to find probable cause for his arrest in the absence of testimony by the undercover police officer is unpreserved (CPL 470.05). In any case, defendant's argument is meritless as defendant was arrested based upon a radio transmission from the undercover officer which established probable cause for defendant's arrest (People v. Petralia, 62 N.Y.2d 47).
Defendant's argument that the drugs recovered from him and his accomplices were inadmissible because the People failed to establish a continuous chain of custody or present reasonable assurances of the identity and unchanged condition of the evidence is, for the most part, unpreserved (CPL 470.05). In any case, defendant's argument is meritless since reasonable assurances of the identity and unchanged condition of the drugs were present under the circumstances in this case, where the drugs remained in police custody the entire time and the chemists testified that the envelopes they received were sealed (People v. Sarmiento, 168 A.D.2d 328, affd 77 N.Y.2d 976). Finally, contrary to defendant's appellate argument, his convictions are supported by the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490).
Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.