People v. Merrill

—Judgment reversed on the law, motion to preclude identification evidence granted and new trial granted. Memorandum: The notice served by the People pursuant to CPL 710.30 was inadequate because it failed to "inform defendant of the time, place and manner in which the identification was made” (People v Lopez, 84 NY2d 425, 428). It is of no moment that defendant suffered no prejudice, nor can the inadequacy of the notice be "cured by discovery” (People v Lopez, supra, at 428). Consequently, County Court erred in denying defendant’s motion to preclude the identification evidence. Defendant did…