| People v Rosado |
| 2008 NY Slip Op 08892 [56 AD3d 1215] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v RicardoRosado, Appellant. |
—[*1] Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), renderedJanuary 24, 2006. The judgment convicted defendant, upon a jury verdict, of sodomy in the firstdegree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him after a jury trial of two counts ofsodomy in the first degree (Penal Law former § 130.50 [1]), defendant contends thatCounty Court erred in admitting the rape kit in evidence based on an inadequate chain ofcustody. We reject that contention. The People presented evidence that provided " 'reasonableassurances of the identity and unchanged condition' of the evidence" (People v Julian, 41NY2d 340, 343 [1977]), and any deficiencies in the chain of custody were relevant with respectto the weight to be accorded that evidence, not its admissibility (see People v Madison, 8 AD3d956, 957 [2004], lv denied 3 NY3d 709 [2004]). We reject defendant's furthercontention that the court erred in imposing consecutive sentences. " '[T]he offenses were separateand distinct acts, notwithstanding that they occurred in the course of a continuous incident' " (People v Lucie, 49 AD3d1253,1255 [2008], lv denied 10 NY3d 936 [2008]).
We have considered defendant's remaining contentions and conclude that they are lacking inmerit. Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.