New York Court of Appeals
The People of the State of New York v. Lewis Newball
October 23, 199076 N.Y.2d 587
Summary
The Court of Appeals reversed the Appellate Division, granted the defendant’s motion to suppress Officer Doe’s identification testimony, and ordered a new trial because the People failed to serve the required CPL 710.30 notice. The Court held that the identification was a police‑arranged prior identification subject to the notice requirement, was not a confirmatory identification exempt from the statute, and that the error was not harmless. Justice Bellacosa dissented, arguing that the conviction should be upheld.