People v. Amparo
New York Court of Appeals
1Opinion of the Court
*729OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
The People failed to notify defense counsel, within 15 days of arraignment, of their intention to use defendant’s oral statement as evidence, and they failed to demonstrate good cause for the delay in furnishing the required notice. Accordingly, that statement was not admissible against him at trial (see, CPL 710.30; People v O’Doherty, 70 NY2d 479; People v Boughton, 70 NY2d 854; People v McMullin, 70 NY2d 855).
The exception contained in CPL 710.30 (3) — where a defendant has "moved…
2Cases cited3 opinions
- People v. O'DohertyNew York Court of Appeals · 1987
- People v. McMullinNew York Court of Appeals · 1987
- People v. BoughtonNew York Court of Appeals · 1987
3Cited by33 opinions
- People v. LopezNew York Court of Appeals · 1994
- People v. BernierNew York Court of Appeals · 1989
- People v. WillseyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BiancaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LinderberryAppellate Division of the Supreme Court of the State of New York · 1995
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