From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 914 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Pine, Callahan, Balio and Boehm, JJ.


Order unanimously reversed on the law, People's motion granted and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: As a sanction against the People for including an inaccurate date in their CPL 710.30 notice, County Court suppressed identification evidence. That was error. By moving for suppression, defendant waived his right to challenge the adequacy of the CPL 710.30 notice ( see, People v. Lopez, 84 N.Y.2d 425; People v. Merrill, 226 A.D.2d 1045, lv denied 88 N.Y.2d 1022). We therefore remit the matter to Oneida County Court for a hearing on defendant's original suppression motion to determine whether the identification procedures employed by the police were unduly suggestive ( see, CPL 710.60). We also grant the People's motion for leave to amend the notice to include the correct date. (Appeal from Order of Oneida County Court, Donalty, J. — Suppress Evidence.)


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 914 (N.Y. App. Div. 1997)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT C. WILLIAMS…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 914 (N.Y. App. Div. 1997)
661 N.Y.S.2d 131