Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant is entitled to a new trial because the complainant's identification testimony should have been precluded. Defendant moved to preclude identification testimony because he had not been served with a written notice pursuant to CPL 710.30 (1) (b). The Judge who heard that motion (Burke, J.) ruled that the People would be precluded from introducing identification evidence because...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
