PEOPLE v. RODRIGUEZ

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered January 12, 1995, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The arresting officer had observed the defendant, while in a pool hall, reach into his left vest pocket, pull out a small metal object, drop it to the ground, and immediately walk away. The object was later determined to have been a loaded and operable firearm.

Contrary to the defendant's contention, the People produced legally sufficient evidence that the gun was operable at the time of the incident ( see, Penal Law § 265.02; People v Perkins, 201 A.D.2d 511), and reasonable assurances of its unchanged condition ( see, People v. Julian, 41 N.Y.2d 340; People v. Isaac, 222 A.D.2d 523). Any deficiencies in the chain of custody in this case were properly resolved by the jury in its evaluation of the evidence ( see, People v. Donovan, 141 A.D.2d 835; cf., People v. Espino, 208 A.D.2d 556, 557; see also, People v Coleman, 55 A.D.2d 981; People v. Totten, 161 A.D.2d 678).

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J.P., O'Brien, Ritter and Copertino, JJ., concur.