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PEOPLE v. McMULLIN

70 N.Y.2d 855 (1987)

The People of the State of New York, Respondent, v. Richard J. McMullin, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Dirk A. Galbraith for appellant.

Benjamin J. Bucko, District Attorney (William A. Lange, Jr., 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.

When a witness identifies a defendant out of court, CPL 710.30 requires that if the People intend to have the witness identify the defendant at trial, they must serve upon the defendant a notice of their intention to use identification testimony within 15 days of arraignment. That section also states that the People must establish...

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