PEOPLE v. NEWBALL


76 N.Y.2d 587 (1990)

The People of the State of New York, Respondent, v. Lewis Newball, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1990.


Attorney(s) appearing for the Case

Andrew E. Abraham and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Monique Ferrell and Jay M. Cohen of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


TITONE, J.

Defendant, who was convicted primarily upon the testimony of two undercover narcotics officers, contends that the identification testimony of one of the officers should have been precluded since the People did not serve a CPL 710.30 notice with regard to that testimony even though the officer had "previously identified" defendant within the meaning of CPL 710.30. We agree. Because that officer's prior...

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