Buffalo, NY asked in Criminal Law for New York

Q: Does the DA have to give 710.30 notice of identification testimony intended to be offered when no ID procedure occurred?

The supporting deposition includes information that the complaining witness observed the Defendant near the location of the scene of the crime, at the time the crime was committed. I assume the DA will intend to offer this testimony at trial, however no 710.30 notice has been served. Can I move to preclude this testimony?

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1 Lawyer Answer
George Vomvolakis
George Vomvolakis
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: Unfortunately, the answer is most likely no. Since this was not a police arranged identification procedure 710.30 notice need not be given.

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