Legal Opinion
People v. Spruill
New York Court of Appeals
Decided June 12, 1979PublishedCited by 39 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
The court erred in admitting the defendant’s confession at trial. The People concededly had not given the defendant pretrial notice as required by statute (CPL 710.30) nor, in our view, did they establish "good cause” for filing a late notice. We have previously held that "[l]ack of continuity or other office failure” within the prosecutor’s office does not provide an adequate excuse (People v Briggs, 38 NY2d 319, 324; cf. Santobello v New York, 404 US 257, 259-260). The excuse *871offered…
2Cases cited3 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- People v. BriggsNew York Court of Appeals · 1975
- People v. McLaurinNew York Court of Appeals · 1975
3Cited by39 opinions
- People v. O'DohertyNew York Court of Appeals · 1987
- Westchester Rockland Newspapers, Inc. v. LeggettNew York Court of Appeals · 1979
- People v. CopicottoNew York Court of Appeals · 1980
- People v. SigismundiNew York Court of Appeals · 1997
- People v. ServidioAppellate Division of the Supreme Court of the State of New York · 1980
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