People v. Bernier, 73 N.Y.2d 852 (1988)
When the prosecution intends to use identification testimony at trial, they must provide notice to the defendant within 15 days of arraignment, and a lack of prejudice to the defendant does not excuse the failure to demonstrate good cause for a late notice.
Summary
The New York Court of Appeals reversed the Appellate Division’s order and mandated a new trial because the prosecution failed to provide timely notice of their intent to use identification testimony at trial, as required by CPL 710.30. The court emphasized that demonstrating good cause for the delay is mandatory, and a lack of prejudice to the defendant does not excuse this requirement. The improperly admitted identification testimony, being the only direct evidence placing the defendant at the scene, was deemed not harmless, necessitating a new trial.
Facts
Two witnesses observed the defendant inside their home. Subsequently, these witnesses identified the defendant at the police station. The prosecution intended to use these witnesses’ identification testimony at trial.
Procedural History
The People failed to serve notice within 15 days of arraignment regarding their intention to use the identification testimony. Despite this failure, the trial court allowed the witnesses to identify the defendant at trial. The defendant was convicted of burglary in the second degree. The Appellate Division affirmed the conviction. This appeal followed to the New York Court of Appeals.
Issue(s)
Whether the People’s failure to provide notice within 15 days of arraignment of their intent to use identification testimony at trial, absent a showing of good cause for the delay, requires suppression of that identification testimony, even if the delay did not prejudice the defendant.
Holding
Yes, because CPL 710.30 requires the People to establish good cause for a delay in serving notice of intent to use identification testimony, and a lack of prejudice to the defendant does not negate this requirement. The admission of the identification testimony was not harmless error in this case.
Court’s Reasoning
The court based its reasoning on a strict interpretation of CPL 710.30, which mandates that the People provide notice within 15 days of arraignment if they intend to use identification testimony at trial. The statute also requires the People to establish good cause for any delay in providing such notice. The Court of Appeals emphasized that fulfilling the “statutory requirement of good cause” is essential, and a lack of prejudice to the defendant is insufficient to excuse the failure to meet this requirement, citing People v. O’Doherty, 70 NY2d 479, 481. The court acknowledged that the erroneously admitted identification testimony was the sole direct evidence linking the defendant to the crime, making the error not harmless. Thus, because the prosecution failed to demonstrate good cause for the delay and the error was not harmless, the defendant’s conviction was overturned.