PEOPLE v. MALDONADO


144 Misc.2d 338 (1989)

The People of the State of New York, Plaintiff, v. Luis Maldonado, Defendant.

Supreme Court, Bronx County.

July 10, 1989


Attorney(s) appearing for the Case

Theodore S. Green for defendant. Robert T. Johnson, District Attorney (Eric Sachs of counsel), for plaintiff.


GERALD SHEINDLIN, J.

Once again, where a prosecutor has chosen to be mildly creative rather than intelligently cautious, a trial court must deal with questions of notice under CPL 710.30.

Specifically, the court is called upon to decide whether the People's failure to serve formal notice pursuant to CPL 710.30 should preclude them from introducing evidence of a preindictment lineup identification when defense counsel was notified of the lineup...

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