People v. Briggs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed as a matter of discretion in the interest of justice and a new trial granted. Memorandum: Defendant requests that we reverse his conviction, grant a new trial, direct that the People serve an adequate CPL 710.30 notice with regard to the eyewitness identification of Diane Taylor, and allow him to move to suppress this identification. Since the People failed to provide defendant with notice that they intended to elicit lineup and in-court identification testimony from Diane Taylor, they failed to comply with the mandates of CPL 710.30 (1) (see, People v Bernier,…
2Cases cited6 opinions
- People v. BernierNew York Court of Appeals · 1989
- People v. MarshallAppellate Division of the Supreme Court of the State of New York · 1982
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
- People v. FortSyracuse City Court · 1981
- People v. McKeeverAppellate Division of the Supreme Court of the State of New York · 1984
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