People v. De La Cruz

Judgment, Supreme Court, Bronx County (William Wallace, III, J.), rendered April 3, 1991, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him to concurrent terms of 25 years to life and 8⅓ to 25 years, respectively, unanimously affirmed.

The court erred in denying defendant’s motion to preclude the identification testimony of one of the witnesses since the People failed to serve timely notice pursuant to CPL 710.30 that the witness had previously identified defendant in a photographic array (People v McMullin,…