[*1]
People v Shereef
2014 NY Slip Op 51299(U) [44 Misc 3d 1224(A)]
Decided on March 4, 2014
Just Ct Of The Vil Of Tuckahoe, Westchester County
Fuller, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 4, 2014
Just Ct of the Vil of Tuckahoe, Westchester County


The People of the State of New York, Plaintiff,

against

Hasan Shereef, Defendant.




xx/2014



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