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People v. O'Doherty

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 570 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Queens County (Bambrick, J.).


Judgment affirmed.

Although notice of the People's intent to introduce at trial a statement made by the defendant was not given within 15 days of her arraignment as required by CPL 710.30 (2), we find that the purpose of CPL article 710, to provide defense counsel with an opportunity to prepare a defense (see, People v. Hand, 85 A.D.2d 642, 643), was satisfied, since six months elapsed between the People's motion for an order allowing them to serve a late notice of intention to offer the statement and the commencement of trial (see, People v. Taylor, 102 A.D.2d 944, affd 65 N.Y.2d 1; People v. Swanton, 107 A.D.2d 829; People v. Brown, 83 A.D.2d 699; People v. Anderson, 80 A.D.2d 33). In addition, whether or not the defendant actually made the statement was a matter for the jury to determine (see, People v. Washington, 51 N.Y.2d 214, 221-222). We have examined the defendant's other contentions and find them to be without merit. Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. O'Doherty

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 570 (N.Y. App. Div. 1986)
Case details for

People v. O'Doherty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KATHLEEN O'DOHERTY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1986

Citations

121 A.D.2d 570 (N.Y. App. Div. 1986)