Reseña de People State New York v. Lewis Newball

People State New York v. Lewis Newball de Court of Appeals of New York Resumen del Libro

[76 N.Y.2d 587 Page 589] Opinion OF THE COURT [1] Defendant, who was convicted primarily upon the testimony of two undercover narcotics officers, contends that the identification testimony of one of the officers should have been precluded since the People did not serve a CPL 710.30 notice with regard to that testimony even though the officer had "previously identified" defendant within the meaning of CPL 710.30. We agree. Because that officer's prior identification of defendant was police-arranged, and was not within the category of confirmatory identifications recently described by this Court as being of a kind not "ordinarily burdened or compromised by forbidden suggestiveness" (People v Wharton, 74 N.Y.2d 921, 922), the People's failure to comply with the notice requirements of CPL 710.30 was improper and, accordingly, defendant's motion to preclude should have been granted.

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