People v. Boughton

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The defendant, indicted for sale of a controlled substance, received written notice of the prosecutor’s intent to use at *855trial an oral statement made by the defendant to a police officer. However, when the defendant moved to suppress the statement the prosecutor withdrew the notice on the ground that it had been issued in error because no such statement existed. Nevertheless, on the day jury selection began the prosecutor informed the defendant that an oral statement had been made and…