People v. Rutledge

OPINION OF THE COURT

David D. Egan, J.

A motion was made to suppress in-court identification of the defendant on the grounds that the CPL 710.30 notice did not specify the evidence to be offered as required by statute citing People v Palermo (169 AD2d 787 [2d Dept 1991]).

The form CPL 710.30 notice given to defendant reads, "The People intend to offer testimony identifying defendant as a person who committed the offense charged, to be given by a witness who previously identified defendant as such.” This language is essentially the same as the language in Palermo (supra), cited by defense.

This…