PEOPLE v. GARCIA-LOPEZ


308 A.D.2d 366 (2003)

764 N.Y.S.2d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS GARCIA-LOPEZ, Appellant.

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

Decided September 16, 2003.


The motion and trial courts properly denied defendant's motions, made on the ground of failure to provide notice pursuant to CPL 710.30 (1) (a), for preclusion of a statement made by defendant in the course of an unrelated drug transaction. During this transaction, defendant volunteered, to an undercover officer having no knowledge of the instant assault case, that he had shot a girl on Valentine Avenue. Although this admission was a statement of fact, it was made in the...

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