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PEOPLE v. GARCIA

145 Misc.2d 742 (1989)

The People of the State of New York, Plaintiff, v. Erison Garcia, Defendant.

Supreme Court, Queens County.

November 17, 1989

Attorney(s) appearing for the Case

William Mogulescu for defendant. John J. Santucci, District Attorney (Kenneth Appelbaum of counsel), for plaintiff.

SEYMOUR ROTKER, J.

At the conclusion of a Mapp hearing held on November 13, 1989, the defendant orally moved for an order precluding the People from offering identification testimony in this matter due to their failure to serve notice pursuant to CPL 710.30 within 15 days of the defendant's arraignment.

The People contend that since the identifications were made at the scene of the crime, they...

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