Written by attorney Robert Walter Dapelo

New York State Criminal Statement Notice Requirements

C.P.L. §710.30 provides that the People must serve notice upon the defendant of intention to introduce identification testimony at trial. This notice must be served within 15 days of arraignment. The defendant was arraigned over 15 days ago. To date, the defendant has not received notification of any intention to introduce identification testimony at trial.

The remedy for failure to serve notice, pursuant to C.P.L. §710.30, is preclusion of the evidence in question, unless good cause for failure to serve such notice is shown. People v. Hoover, 57 N.Y.2d 908 (1982); People v. Spruill, 47 N.Y.2d 869 (1979). Moreover, knowledge on the part of the police is imputed to the District Attorney's office for this purpose. Id. at 871. Thus, there exists no good cause for failure to give the required notice. Accordingly, the defense moves, pursuant to C.P.L. §710.30, to preclude the People from introducing at trial any testimony regarding an observation of the defendant by any witness.

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