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PEOPLE v. LOPEZ

84 N.Y.2d 425 (1994)

643 N.E.2d 501

618 N.Y.S.2d 879

The People of the State of New York, Appellant, v. Jose C. Lopez, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Sol Greenberg, District Attorney of Albany County, Albany (Risa L. Viglucci of counsel), for appellant.

Roger M. Fritts, Public Defender of Albany County, Albany (Raymond A. Kelly, Jr., of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

A jury has convicted defendant of attempted murder in the second degree, assault in the first degree and burglary in the first degree. On appeal the Appellate Division reversed, concluding that because the notice required of the People by CPL 710.30 (1) was inadequate, the People should have been precluded from offering evidence of defendant's oral and written statements to police and of his pretrial...

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