3.16 - C. Cpl § 710.30 Crim. Proc. Notice

• Jurisdiction: New York

C. CPL § 710.30 Crim. Proc. Notice

The prosecutor may serve a notice at arraignment on a complaint listing any statements made by the defendant to law enforcement officials that the prosecutor intends to offer at trial.⁴¹⁸ Because this notice is required to be served within 15 days of arraignment on an indictment or other accusatory instrument upon which the defendant may be prosecuted,⁴¹⁹ prosecutors usually serve this notice at arraignment. The contents of this notice may later form the basis of a motion to suppress the statements.⁴²⁰

In addition, the prosecutor may at arraignment serve “710.30” notice of the prosecution’s intention to offer at trial the testimony of a person who has previously identified the defendant at the time of the commission of the crime or at some other time or place (e.g., at a lineup).⁴²¹ This notice, which must be served no later than 15 days after the defendant’s arraignment, will enable the defendant to move later to suppress the identification testimony.⁴²² If complete and timely notice of the prosecutor’s intention to offer testimony at trial of the defendant’s statements to public officials or, regarding an identification of the defendant, is not...