People State New York v. Fordin Tas

The trial court was correct in denying defendants motion to preclude evidence relating to the victims identification of the defendants as his assailants on the ground that the People had failed to give notice to defense counsel prior to its use. (See CPL 710.30.) As the Appellate Division noted, the victim and the defendants were inmates in the same tier of cells for a period prior to the attack of at least one month and, although the victim may not have known their particular names, he was familiar with the defendants as individuals. Since the participants in the incident -- the victim and the perpetrators -- were known to each other, there was no "identification" within the meaning of CPL 710.30 (People v Gissendanner, 48 N.Y.2d 543, 552) and no prior notice need have been given by the People.