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PEOPLE v. PORTER

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33 Misc.3d 791 (2011)

931 N.Y.S.2d 453

2011 NY Slip Op 21352

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KURTIS N. PORTER, Defendant.

City Court of Geneva.

Decided May 16, 2011.

Attorney(s) appearing for the Case

Leanne Lapp , Public Defender ( Carrie W. Bleakley of counsel), for defendant. R. Michael Tantillo , District Attorney ( William J. Hart of counsel), for plaintiff.

OPINION OF THE COURT

TIMOTHY J. BUCKLEY, J.

This is a decision on a motion filed by defense counsel. The defendant is charged with assault in the third degree (Penal Law § 120.00 [1]).

The defendant has moved to preclude possible identification testimony at trial because the People failed to timely serve notice of any testimony regarding the identification of the defendant by a witness (see...

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