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People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1992
185 A.D.2d 906 (N.Y. App. Div. 1992)

Opinion

August 17, 1992

Appeal from the County Court, Westchester County, Silverman, J. Lange, J.


Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to establish the chain of custody of the bag of crack cocaine vials found in his possession. Initially, we note that the issue is unpreserved for appellate review because the evidence was admitted without objection from the defendant (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, we find that the record demonstrates that the evidence admitted at trial was the same bag of crack cocaine vials found in the defendant's possession, and that its condition was unchanged (see, People v Julian, 41 N.Y.2d 340, 343; People v. Donovan, 141 A.D.2d 835, 836-837).

Also unpreserved for appellate review is the defendant's argument that the trial court improperly allowed testimony of uncharged crimes since the defendant consented to the curative instructions given and requested no further instructions (see, People v. Medina, 53 N.Y.2d 951, 953; People v. Guy, 121 A.D.2d 741, 742). Mangano, P.J., Thompson, Rosenblatt and Copertino, JJ., concur.


Summaries of

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1992
185 A.D.2d 906 (N.Y. App. Div. 1992)
Case details for

People v. Stevens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN STEVENS, Appellant

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

Date published: Aug 17, 1992

Citations

185 A.D.2d 906 (N.Y. App. Div. 1992)
587 N.Y.S.2d 8

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