Motion to Preclude Identification Testimony of an the Undercover Police Officer in New York
In People v. Naranjo, 140 Misc 2d 43, 529 N.Y.S.2d 953 (Sup Ct of New York, New York Cty, 1988), the defendant filed a motion pursuant to Criminal Procedure Law 710.30, to preclude the identification testimony of the undercover police officer to whom it was alleged he sold heroin.
The motion was based on the People's failure to serve identification evidence within 15 days of the arraignment and the defendant did not concede that the viewing was confirmatory.
The court held that the prosecutor's characterization of an identification procedure as "confirmatory" does not relieve the People of their obligation to provide notice.
The question is one of law and fact, to be decided by the court pursuant CPL 710.60 upon a motion by defendant to suppress. Id. at 44-45.