PEOPLE v. CLARKE


121 Misc.2d 1081 (1983)

The People of the State of New York, Plaintiff, v. Sidney Clarke, Defendant.

Criminal Court of the City of New York, Kings County.

September 15, 1983


Attorney(s) appearing for the Case

Caesar Cirigliano and Martin Gorfinkle for defendant. Elizabeth Holtzman, District Attorney (Gary Carleton of counsel), for plaintiff.


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...

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