People v. Merrill, 87 N.Y.2d 948 (1996)
When a defendant moves to suppress identification testimony and receives a full hearing on the fairness of the identification procedure, any alleged deficiency in the CPL 710.30 notice provided by the People is irrelevant.
Summary
Defendant was convicted of grand larceny and petit larceny. Prior to trial, Defendant moved to preclude identification evidence, arguing the People’s CPL 710.30 notice was insufficient. The trial court denied preclusion, and after a Wade hearing, denied suppression. The Appellate Division reversed the conviction, holding the CPL 710.30 notice was deficient. The Court of Appeals reversed, holding that because Defendant moved to suppress the identification testimony and received a full hearing, any deficiency in the notice was irrelevant. The case was remitted to the Appellate Division for consideration of the facts.
Facts
Defendant was charged with grand larceny and petit larceny. The People intended to offer identification testimony at trial.
Procedural History
Prior to trial, Defendant moved to preclude the identification evidence, arguing the People’s CPL 710.30 notice was insufficient. The trial court denied the motion to preclude. Defendant then made an oral motion to suppress the identification testimony, and the court scheduled a Wade hearing. After the hearing, the trial court denied Defendant’s motion to suppress, finding that the identification procedure was not suggestive. Defendant was convicted after a jury trial. The Appellate Division reversed, finding the CPL 710.30 notice deficient. The People appealed to the Court of Appeals.
Issue(s)
Whether an alleged deficiency in the People’s CPL 710.30 notice is relevant when the defendant moves to suppress the identification testimony and receives a full hearing on the fairness of the identification procedure.
Holding
No, because the purpose of CPL 710.30 is satisfied when a defendant receives a hearing on the identification procedure after moving to suppress the identification testimony.
Court’s Reasoning
The Court of Appeals reasoned that CPL 710.30 requires the People to serve a notice of intent to offer identification testimony to the defendant. However, CPL 710.30(3) excuses the notice requirement when a defendant moves to suppress the identification testimony. The Court stated, “Since the defendant here moved to suppress the identification testimony and received a full hearing on the fairness of the identification procedure, any alleged deficiency in the notice provided by the People was irrelevant.” The Court emphasized that the purpose of the notice requirement is to allow a defendant to test the admissibility of identification testimony. When a defendant is afforded a suppression hearing, the purpose of the notice requirement is satisfied, regardless of the sufficiency of the notice itself. This prevents a defendant from exploiting a technical deficiency in the notice when they have already received the benefit of a full hearing on the identification procedure. The Court cited People v. Lopez, 84 NY2d 425, 428, in support of its holding. By moving to suppress, the defendant demonstrates knowledge of the potential identification testimony and has the opportunity to challenge its admissibility. The actual content of the 710.30 notice becomes moot because the defendant actively pursued a hearing on the identification’s validity.