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PEOPLE v. BOUGHTON

70 N.Y.2d 854 (1987)

The People of the State of New York, Respondent, v. William Boughton, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

J. Raymond Fisher for appellant.

Sol Greenberg, District Attorney (Michael J. Connolly of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

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 trial 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...

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