Legal Opinion
People v. Garcia
New York Supreme Court
Decided November 17, 1989PublishedCited by 1 opinion
1Opinion of the Court
*743OPINION OF THE COURT
Seymour Rotker, J.
At the conclusion of a Mapp hearing held on November 13, 1989, the defendant orally moved for an order precluding the People from offering identification testimony in this matter due to their failure to serve notice pursuant to CPL 710.30 within 15 days of the defendant’s arraignment.
The People contend that since the identifications were made at the scene of the crime, they are not suppressible and therefore no notice need be served.
Two identifications were made in the instant matter. The police observed the defendant strike the complainant with his…
2Cases cited14 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- People v. GissendannerNew York Court of Appeals · 1979
- People v. LoganNew York Court of Appeals · 1969
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. WhitingCriminal Court of the City of New York · 2004