Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Stephanie L. Zaro, J.), rendered March 21, 2011. The judgment convicted defendant, upon a jury verdict, of unlicensed carry of a firearm.

ORDERED that the judgment of conviction is affirmed.

Defendant, a passenger on the Long Island Rail Road, had an open box on his lap. A conductor observed a gun inside the box. Defendant was arrested shortly after exiting the train, and charged with, among other things, unlicensed carry of a firearm (Penal Law § 400.00 [6] [b]).

Defendant's sole contention on appeal, that physical evidence, including the gun and the box, was inadmissible, is unpreserved for appellate review (see CPL 470.05 [2]; People v Gibson, 106 AD3d 834, 835 [2013]; People v Ortiz, 80 AD3d 628, 629 [2009]; People v Gales, 28 AD3d 1163 [2006]). In any event, as the evidence in this case was non-fungible, the People were not required to establish a chain of custody to prove its authenticity (see People v Julian, 41 NY2d 340, 342-343 [1977]; People v Connelly, 35 NY2d 171, 174 [1974]; People v Ortiz, 80 AD3d at 629). Moreover, even if proof of a complete chain of custody was required, any deficiencies in such proof in this case affected the weight to be accorded the evidence, not its [*2]admissibility, as long as the People presented reasonable assurances of the identity and unchanged condition of the evidence (see People v Julian, 41 NY2d at 343; People v Ketteles, 62 AD3d 902, 904 [2009]; People v Padron, 118 AD2d 599 [1986]). Here, the trial testimony of police officers provided reasonable assurances of the identity and unchanged condition of the gun and the box.

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: December 09, 2013