Legal Opinion
People v. Smothers
New York Supreme Court
Decided June 4, 2008PublishedCited by 1 opinion
1Opinion of the Court
*655OPINION OF THE COURT
Patricia M. DiMango, J.
Defendant Quandel Smothers has moved before this court for an order, pursuant to CPL 710.30 (3), seeking to preclude the People from offering at trial the eyewitness identification testimony of one Stofaney Worthy. He contends that the People’s failure to provide him with proper notice of their intention to offer such evidence at his trial pursuant to CPL 710.30 (1) (b) warrants such remedy.
The People oppose the motion and urge this court to permit such testimony because they claim that, where a witness makes an out-of-court identification which is…
2Cases cited6 opinions
- United States v. WadeSupreme Court of the United States · 1967
- People v. WhiteNew York Court of Appeals · 1989
- People v. LopezNew York Court of Appeals · 1994
- People v. McMullinNew York Court of Appeals · 1987
- People v. GrajalesNew York Court of Appeals · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. NolascoAppellate Division of the Supreme Court of the State of New York · 2010