People v. Weeks
Criminal Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Alan D. Marrus, J.
Should the People be precluded from introducing at trial a video taped statement that the defendant refused to take a breathalyzer test, where the People failed to serve formal notice pursuant to CPL 710.30 within 15 days of the arraignment but have served notice prior to trial and the defendant has not been prejudiced by the delay?
The court holds that the People should not be precluded from using this evidence.
On November 4, 1983, the defendant, Willie Weeks, was arrested and charged with the crime of driving while intoxicated. At his arraignment, the…
2Cases cited7 opinions
- People v. BriggsNew York Court of Appeals · 1975
- People v. SpruillNew York Court of Appeals · 1979
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1981
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- People v. SwantonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. OliverCriminal Court of the City of New York · 1985