People v. Taylor

65 N.Y. 1
CourtNew York Court of Appeals
DecidedApril 30, 1985
StatusPublished
Cited by1 cases

This text of 65 N.Y. 1 (People v. Taylor) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Taylor, 65 N.Y. 1 (N.Y. 1985).

Opinion

[3]*3OPINION OF THE COURT

Kaye, J.

By pleading guilty, a defendant forfeits his right to seek reversal of his conviction on the ground that identification testimony or evidence of prior statements is inadmissible because the prosecution failed to provide the required notice of intention to offer such evidence at trial.

On May 24, 1982, a man and a woman entered an Anderson-Little store in the Town of Big Flats and purchased a suit with a check drawn on the account of Diane Gardner. The same day, they went to a Chess King store and bought a leather coat with a check drawn on the same account. Both checks were forgeries.

According to the officer assigned to investigate the crimes, suspicion centered on defendant and he was arrested on a parole violation on June 16, 1982. The officer took defendant to the Corning police station, where questioning resulted in a two-page statement transcribed by the officer but signed by defendant. Defendant said a woman known to him as “Al” approached him and displayed some blank checks, informing him that she could “deal the checks.” He said he went with the woman to Anderson-Little and Chess King, and obtained a suit and a leather jacket paid for by Al with the blank checks. He admitted knowing that the checks did not belong to Al. Later in the day, however, at the Horseheads State Police barracks, defendant admitted that he, rather than Al, had obtained the checks.

The Grand Jury indicted defendant on two counts of second degree forgery on June 17, 1982. Also on that date, the People served defendant with notice that “during the trial of this matter, the People intend to offer evidence of a statement made by the defendant to a public servant.” The prosecutor provided defendant with a copy of the written statement, but made no mention of the oral admission at the Horseheads barracks.

On June 30, 1982, an Anderson-Little employee identified defendant’s picture from an array of six photographs, and on July 26, 1982 a Chess King employee identified defendant’s photo from the same array. The People did not provide defendant with notice of intent to introduce identification testimony of these two witnesses.

Defendant moved to suppress his written statement and a Huntley hearing was held November 29,1982. When the officer testified as to defendant’s oral statement, defense counsel objected, stating that he had received no notice of intent to introduce the oral statement. The prosecutor responded that the [4]*4defense was aware the People intended to introduce statements. He claimed that defendant was not prejudiced and could, if he desired, request an adjournment. No such request was made.

The prosecution announced in the course of the Huntley hearing that “Wade issues” would be involved. Defense counsel protested because he had received no notice under CPL 710.30.

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Related

Corklite Co. v. Rell Realty Corp.
162 N.E. 565 (New York Court of Appeals, 1928)

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Bluebook (online)
65 N.Y. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-ny-1985.