Ordered that the judgments are affirmed.
The defendant's contention that he was deprived of a fair trial by the court's admission into evidence, inter alia, of the numerous vials of cocaine recovered from the crime scene is without merit. The fact that the police chemist who initially analyzed the contents of the vials did not testify at trial was not fatal to establishing the requisite "chain of custody" (People v Cummings, 184 A.D.2d 574; see also, People v Moyer, 186 A.D.2d 997, 998).
We find that the instruction regarding the jury's treatment of any "nonverbal" communications by the court during the charge was erroneous (see, People v Rawlings, 178 A.D.2d 619; see also, CPL 300.10; People v Owens, 69 N.Y.2d 585, 589). However, the error was harmless in light of the overwhelming evidence of the defendant's guilt, which included the testimony of both the undercover officer who consummated the purchase and the arresting officer who, within minutes, apprehended the defendant in the immediate vicinity of the sale (see, People v Crimmins, 36 N.Y.2d 230).
Contrary to the People's contention, upon review of the record of the defendant's plea agreement in connection with Indictment No. N10267/90, we find that the defendant did not waive the right to appeal the length of his sentence inasmuch as he was unaware of the length of this sentence prior to the purported waiver (see, People v Maye, 143 A.D.2d 483; cf., People v Burk, 181 A.D.2d 74, 81). We have examined the defendant's contentions regarding the length of the sentences imposed under each indictment and find them to be without merit (see, People v Delgado, 80 N.Y.2d 780; People v Suitte, 90 A.D.2d 80).
In view of our determination with respect to the defendant's judgment of conviction under Indictment No. N12237/90, after a jury trial, there is no basis for vacatur of his plea under Indictment No. N10267/90 (cf., People v Clark, 45 N.Y.2d 432). Thompson, J.P., Copertino, Pizzuto and Santucci, JJ., concur.