People v. Aponte

The defendant contends that the identification testimony at the trial should have been suppressed because the CPL 710.30 notice served by the People did not provide notice of all the identification testimony that the People intended to use at the trial (see, CPL 710.30). However, the defendant did not raise the issue at the Wade hearing, when the undercover officer fully testified with respect to the identification testimony which was later received in evidence at the trial, and the defendant failed to thereafter assert any protest at the trial based on the inadequacy of the statutory notice.…