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PEOPLE v. CURTIS

203 A.D.2d 377 (1994)

610 N.Y.S.2d 292

The People of the State of New York, Respondent, v. Melvin Curtis, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 1994

Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial by the court's failure to preclude the identification testimony of one of the prosecution witnesses, who had previously identified the defendant in a photographic array, and for whom the defense received no CPL 710.30 notice. While we agree that the court should have precluded the identification testimony of this witness (see, CPL 710.30 [1] [b]; [3]; People v McMullin...

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