PEOPLE v. AMPARO


73 N.Y.2d 728 (1988)

The People of the State of New York, Respondent, v. Maximiliano Amparo, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1988.


Attorney(s) appearing for the Case

Irving Anolik for appellant.

Denis Dillon, District Attorney (Douglas Noll and Anthony J. Girese 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 People failed to notify defense counsel, within 15 days of arraignment, of their intention to use defendant's oral statement as evidence, and they failed to demonstrate good cause for the delay in furnishing the required notice. Accordingly, that statement was not admissible against him at trial (see, CPL 710.30...

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