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PEOPLE v. HOLLEY

157 Misc.2d 402 (1993)

596 N.Y.S.2d 1016

The People of the State of New York, Plaintiff, v. Clifton Holley, Defendant.

Criminal Court of the City of New York, New York County.

March 23, 1993

Attorney(s) appearing for the Case

Legal Aid Society (Robert M. Baum and Michelle Benoit of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County (Robert Fraser of counsel), for plaintiff.

ROSALYN H. RICHTER, J.

The defendant has moved to preclude the introduction of his statements in the intoxicated drivers examination (IDE) because the prosecution did not serve timely notice pursuant to CPL 710.30.

At the arraignment, the prosecutor served notice pursuant to CPL 710.30 (1) (a) that defendant had stated in substance, "I had a couple of beers and a couple of shots." The prosecutor also...

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