PEOPLE v. WILLIAMS

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Appellant, v. Robert C. WILLIAMS, Respondent.

Decided: April 25, 1997

Before GREEN, J.P., and PINE, CALLAHAN, BALIO and BOEHM, JJ. Michael A. Arcuri by David Goldbas, Utica, for Appellant. Rebecca Wittman, New Hartford, for Respondent.

As a sanction against the People for including an inaccurate date in their CPL 710.30 notice, County Court suppressed identification evidence.   That was error.   By moving for suppression, defendant waived his right to challenge the adequacy of the CPL 710.30 notice (see, People v. Lopez, 84 N.Y.2d 425, 618 N.Y.S.2d 879, 643 N.E.2d 501;  People v. Merrill, 226 A.D.2d 1045, 642 N.Y.S.2d 126, lv. denied 88 N.Y.2d 1022, 651 N.Y.S.2d 21, 673 N.E.2d 1248).   We therefore remit the matter to Oneida County Court for a hearing on defendant's original suppression motion to determine whether the identification procedures employed by the police were unduly suggestive (see, CPL 710.60[4] ).  We also grant the People's motion for leave to amend the notice to include the correct date.

Order unanimously reversed on the law, People's motion granted and matter remitted to Oneida County Court for further proceedings.

MEMORANDUM: