People v. Brown

• Decision Date: 01 June 1998
• Parties: 1998 N.Y. Slip Op. 5279 The PEOPLE, etc., Respondent, v. Dennis BROWN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1012

673 N.Y.S.2d 1012

1998 N.Y. Slip Op. 5279

The PEOPLE, etc., Respondent, v. Dennis BROWN, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

June 1, 1998.

Robert DiDio, Kew Gardens, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Cheryl Hone, and Traci R. Turner, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered May 1, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention that the People failed to establish a proper chain of custody as to People's exhibits 20 and 21, the People showed "circumstances provid[ing] reasonable assurances of the identity and unchanged condition" of the canvas bag and bullets found near the defendant's apartment (People v. Julian, 41 N.Y.2d 340, 343, 392 N.Y.S.2d 610, 360 N.E.2d 1310, quoting Amaro v. City of New York, 40 N.Y.2d 30, 35, 386 N.Y.S.2d 19, 351 N.E.2d 665).

The defendant's remaining contentions are not preserved for appellate review, and, in any event, are without merit.

MILLER, J.P., and SULLIVAN, FRIEDMANN and LUCIANO, JJ., concur.