PEOPLE v. DOTSON


30 A.D.3d 181 (2006)

815 N.Y.S.2d 581

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN DOTSON, Appellant.

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

June 8, 2006.


The court properly denied defendant's motion to preclude identification testimony for lack of CPL 710.30 (1) (b) notice. The day before her trial testimony, a witness revealed to the trial prosecutor that she had recognized defendant at a showup immediately after his arrest, but that she had remained silent due to fear. When the witness testified about her prior recognition of defendant, defense counsel made a preclusion motion and the prosecutor disclosed what the witness...

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