In re Perry B.

Appellate Division of the Supreme Court of New York

In re Perry B.

309 A.D.2d 710, 766 N.Y.S.2d 547, 2003 N.Y. App. Div. LEXIS 11279

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 2003

StatusPublished

This text of 309 A.D.2d 710 (In re Perry B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Perry B., 309 A.D.2d 710, 766 N.Y.S.2d 547, 2003 N.Y. App. Div. LEXIS 11279 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 16, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of possession of an imitation firearm, and placed him with the Office of Children and Family Services for a period of up to 12 months, unanimously affirmed, without costs.

The court properly admitted an item into evidence after the presentment agency adequately established that the item was the one that had been confiscated from appellant. There were reasonable assurances of its identity and substantially unchanged condition based upon the testimony of the school safety agent who had recovered it (see People v Julian, 41 NY2d 340 [1977]). Any deficiencies in the chain of custody went to the weight and not the admissibility of the evidence (see People v White, 40 NY2d 797, 799-800 [1976]). The changes in the item’s condition were insignificant and readily explained by the evidence.

The evidence was legally sufficient to establish that, at the time it was in appellant’s possession, the item “substantially duplicate [d] * * * an actual firearm” (Administrative Code of [711]*711City of NY § 10-131 [g] [1]). Concur — Tom, J.P., Andrias, Saxe and Williams, JJ.

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Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 16, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of possession of an imitation firearm, and placed him with the Office of Children and Family Services for a period of up to 12 months, unanimously affirmed, without costs.

The court properly admitted an item into evidence after the presentment agency adequately established that the item was the one that had been confiscated from appellant. There were reasonable assurances of its identity and substantially unchanged condition based upon the testimony of the school safety agent who had recovered it (see People v Julian, 41 NY2d 340 [1977]). Any deficiencies in the chain of custody went to the weight and not the admissibility of the evidence (see People v White, 40 NY2d 797, 799-800 [1976]). The changes in the item’s condition were insignificant and readily explained by the evidence.

The evidence was legally sufficient to establish that, at the time it was in appellant’s possession, the item “substantially duplicate [d] * * * an actual firearm” (Administrative Code of [711]*711City of NY § 10-131 [g] [1]). Concur — Tom, J.P., Andrias, Saxe and Williams, JJ.

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Bluebook (online)

309 A.D.2d 710, 766 N.Y.S.2d 547, 2003 N.Y. App. Div. LEXIS 11279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-perry-b-nyappdiv-2003.

Opinion

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