AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent. v. ISAAC MENDEZ, Appellant.

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress the physical evidence seized during a warrantless search of his vehicle. The police lawfully stopped defendant for violating Vehicle and Traffic Law § 1162 and determined that he was an unlicensed driver. Because the owner of the vehicle was not present, the police advised defendant that the vehicle would have to be impounded and searched. During that search, a gun was found under the seat of the vehicle. Because the police officer followed the written procedures mandated by the Syracuse Police Department for the impoundment and inventory search of vehicles, the search was reasonable (see, People v Galak, 80 N.Y.2d 715; People v. Scott, 210 A.D.2d 920, 921, lv denied 85 N.Y.2d 942).

We likewise reject the contention of defendant that the court erred in admitting the gun into evidence because the People failed to establish a complete chain of custody. Where, as here, the trial testimony provides reasonable assurances that the gun taken from defendant's vehicle was the same item as that introduced at trial, "[d]eficiencies in the chain of custody of property go to the weight rather than the admissibility of that evidence" ( People v. Caldwell, 221 A.D.2d 972, 973, lv denied 87 N.Y.2d 920). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Criminal Possession Weapon, 3rd Degree.)

Use AI to get other relevant cases.

Comments

PEOPLE v. MENDEZ
(May 30, 1997)