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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID VARGAS, Appellant.

Ordered that the judgment is affirmed.

We have reviewed the record and conclude that the court properly admitted into evidence a knife which was found at the scene the day following the crime and which was identified by a witness as the knife with which he and the deceased had been stabbed by the defendant. These circumstances provided a sufficient connection between the knife and the defendant to render the knife admissible (see, People v. Mirenda, 23 N.Y.2d 439; People v. Cunningham, 116 A.D.2d 585). Any question as to the accuracy of the complainant's identification of the knife went to its weight or probative force, and not to its admissibility (see, People v. McNair, 32 A.D.2d 662).

The other contentions raised by the defendant have been examined and found to be meritless. Brown, J.P., Weinstein, Rubin and Kooper, JJ., concur.

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PEOPLE v. VARGAS
(Dec 8, 1986)