Opinion
KA 00-01908
November 15, 2002.
Appeal from a judgment of Erie County Court (D'Amico, J.), entered June 22, 2000, convicting defendant after a jury trial of, inter alia, criminal possession of a controlled substance in the seventh degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL C. WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (JOSEPH KILBRIDGE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HAYES, J.P., HURLBUTT, KEHOE, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him after a jury trial of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and other offenses, defendant contends that County Court erred in denying his motion to suppress an oral statement that was not included in the CPL 710.30 notice. We reject that contention. "[T]he notice requirement is excused when a defendant moves for suppression of such evidence" ( People v. Johnson, 280 A.D.2d 613, 614; see 710.30 [3]; People v. Laws, 286 A.D.2d 991, 992, lv denied 97 N.Y.2d 706; People v. Goss, 281 A.D.2d 298, lv denied 96 N.Y.2d 863; see also People v. Brown, 281 A.D.2d 700, 701, lv denied 96 N.Y.2d 826).