People v. Clarke

OPINION OF THE COURT

Margaret Cammer, J.

This is a supplemental motion by defendant Sidney Clarke pursuant to CPL 710.30 to preclude the use at trial of his statements to a public servant. The motion is grounded upon the People’s failure to serve defendant with the requisite notice of their intention to use such evidence within the statutory 15-day period.

Defendant was arrested on February 9, 1983 on the charge of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 2) and given a desk appearance ticket for March 14,1983. He was arraigned on the…