IN RE PERRY B

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 N.Y.2d 340). Any deficiencies in the chain of custody went to the weight and not the admissibility of the evidence (see People v. White, 40 N.Y.2d 797, 799-800). 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 pistol or revolver" (Administrative Code of City of N.Y. § 10-131[g]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.