PEOPLE v. MATEO

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification and credibility.

Defendant's challenge to the chain of custody of the drugs sold to the undercover officer is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence provided reasonable assurances of the identity and unchanged condition of the drugs, and that there was no evidence to the contrary (see, People v. Julian, 41 N.Y.2d 340). For the same reasons, defendant was not deprived of meaningful representation by the fact that defense counsel did not raise a chain of custody issue (see, People v. Benevento, 91 N.Y.2d 708, 713-714).

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