Opinion
xx/2014
03-04-2014
The People of the State of New York, Plaintiff, v. Hasan Shereef, Defendant.
Grant O'Donnell, Assistant District Attorney, for plaintiff. Russell B. Smith, for defendant
Grant O'Donnell, Assistant District Attorney, for plaintiff.
Russell B. Smith, for defendant
David Otis Fuller Jr., J.
The defendant moves to suppress the testimony of a police officer who is expected to testify that during the execution of a warrant, the defendant had thrown a bag containing cocaine out of an apartment window. The defendant is making the suppression motion on the ground that no notice had been given him by the People under CPL 710.30 (1) that the evidence of a witness "who had previously identified him" was to be offered as evidence at trial.
The defendant was not identified by the witness at a police lineup. (People v. Lopez, 84 NY2 425, 427); People v. Tas , 51 NY2d 915, 916. Because the identification was not arranged by the police, it is not within the rule requiring notice. People v. Gissendanner, 48 NY2d 543, 552.
Accordingly, no notice under CPL 710.30 (1) was required and the motion is denied.
_____________________________
DAVID OTIS FULLER, JR.
VILLAGE JUSTICE
Dated: March 4, 2014