Legal Opinion
People v. Bernier
New York Court of Appeals
Decided April 27, 1989PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant was convicted after a jury verdict of two counts of robbery and of possession of a weapon arising out of the holdup of the same Brooklyn gas station on three separate occasions.
Defense counsel learned during trial jury selection that a person with respect to whom no CPL 710.30 (1) pretrial notice had been given would be called as the prosecution’s main *1008identifying witness. He then made a motion to preclude the testimony based on lack of notice and surprise. Inasmuch as the People failed to present…
2Cases cited4 opinions
- United States v. WadeSupreme Court of the United States · 1967
- People v. O'DohertyNew York Court of Appeals · 1987
- People v. McMullinNew York Court of Appeals · 1987
- People v. AmparoNew York Court of Appeals · 1988
3Cited by52 opinions
- People v. LopezNew York Court of Appeals · 1994
- People v. OcasioAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1989
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1992
- People v. Riley-JamesAppellate Division of the Supreme Court of the State of New York · 1990
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