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People v. Hemmings

191 A.D.2d 1020 Court N.Y. App. Div. Decision date 1993-03-12 English

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p. 1020
The People of the State of New York, Respondent, v Lexford Hemmings, Appellant.
[595 NYS2d 345]

—Judgment unanimously affirmed. Memorandum: The People’s evidence concerning the chain of custody of the cocaine was sufficient to provide reasonable assurance of the identity and unchanged condition of the evidence (see, People v Julian, 41 NY2d 340 , 343; People v Moyer, 186 AD2d 997 ; People v McIntyre, 175 AD2d 637 , 638, lv denied 79 NY2d 860 ; People v Green, 155 AD2d 880 , lv denied 75 NY2d 813 ). Defendant’s statement, which County Court suppressed because it was taken in violation of defendant’s Miranda rights (see, Miranda v Arizona, 384 US 436 ), was properly admitted for impeachment purposes (see, People v Maerling, 64 NY2d 134 , 140). We decline to modify defendant’s sentence in the interest of justice. (Appeal from Judgment of Monroe County Court, Celli, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present —Callahan, J. P., Balio, Doerr, Boomer and Boehm, JJ.

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