Legal Opinion
People v. Scott
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 7 opinions
1Opinion of the Court
—Judgment unanimously 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. It failed both to set forth the identity of the witnesses and to "inform defendant of the time, place and manner in which the identification was made” (People v Lopez, 84 NY2d 425, 428; see, CPL 710.30 [1]; People v Kahley, 214 AD2d 960; People v Merrill, 212 AD2d 987, lv granted 87 NY2d 1027). It is irrelevant that defendant was not prejudiced by the People’s failure to satisfy the requirements…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 1994
- People v. BernierNew York Court of Appeals · 1989
- People v. RuizNew York Court of Appeals · 1996
- People v. KahleyAppellate Division of the Supreme Court of the State of New York · 1995
- People v. MerrillAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by7 opinions
- People v. HellerCriminal Court of the City of New York · 1998
- People v. East, New York County Courts1997
- People v. KirklandAppellate Division of the Supreme Court of the State of New York · 1995
- In re Courtney C.Appellate Division of the Supreme Court of the State of New York · 2014
- In re Courtney C.Appellate Division of the Supreme Court of the State of New York · 2014
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