New York Court of Appeals
The People of the State of New York, Respondent v. John Boyer, Appellant
March 28, 20066 N.Y.3d 427
Summary
The Court held that the prosecution must give CPL 710.30 notice for a post‑arrest identification because the circumstances did not fit the narrow "confirmatory identification" exception articulated in People v. Wharton; therefore the identification testimony was excluded and a new trial was ordered. Justice Smith dissented, arguing that a Wade hearing was unnecessary in such cases.