Opinion
May 22, 1995
Appeal from the Supreme Court, Kings County (Demarest, J.).
Ordered that the judgment is affirmed.
The charges in this case arose out of an incident which occurred on September 26, 1984, when the 16-year-old victim was shot and killed on a street corner in Brooklyn by the defendant, who was not immediately apprehended.
On October 16, 1984, prison officials intercepted a letter which had been addressed to an inmate at the Elmira Correctional Facility and which described the murder of the victim. The author of the letter, who identified himself only as "Captain Crunch", specifically made reference to, among others, his "brother Delroy".
Approximately three years later, the defendant was traced to an apartment in Florida where he was arrested. While providing pedigree information incident to his arrest, the defendant stated that his brother's name was Delroy. The defendant contends that the use of this statement was reversible error since the prosecution failed to serve him, within 15 days after arraignment, with a notice of intent to offer the statement in evidence pursuant to CPL 710.30 (2).
The Court of Appeals has recently reaffirmed the rule that pedigree information provided by a defendant to the police during processing is not subject to the notice requirements of CPL 710.30 (see, People v Rodney, 85 N.Y.2d 289; also see, People v Hester, 161 A.D.2d 665; People v Perez, 198 A.D.2d 540; People v Thomas, 195 A.D.2d 301). Accordingly, the defendant's pedigree statement was properly admitted into evidence despite the lack of notice. Balletta, J.P., O'Brien, Thompson and Hart, JJ., concur.