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PEOPLE v. MORALES

159 Misc.2d 745 (1993)

610 N.Y.S.2d 720

The People of the State of New York, Plaintiff, v. Melinda Morales, Defendant.

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

April 8, 1994

Attorney(s) appearing for the Case

Legal Aid Society (Robert Baum and Adam Freedman of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (Jeffrey L. Ferguson of counsel), for plaintiff.

WILLIAM GARNETT, J.

On January 31, 1994, the defendant was arraigned on a misdemeanor information. On February 15, 1994, pursuant to CPL 710.30 (1) (a), the prosecution served notice that the People intended to offer in evidence a statement made to a public servant.

The defense, as part of its omnibus motion, has moved to preclude the use of the noticed statement for the failure of the prosecution...

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