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PEOPLE v. COLON

15 A.D.3d 214 (2005)

788 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL COLON, Appellant.

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

February 8, 2005.

The court properly denied defendant's motion to preclude identification evidence on the ground of lack of CPL 710.30 (1) (b) notice. Rather than being police-arranged, the spontaneous identification made by an eyewitness was a pure happenstance and the People were therefore not required to provide notice (see People v Dixon, 85 N.Y.2d 218 [1995]; People v Jenkins, 176 A.D.2d 143 [1991],...

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