People v. Samuels

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Berkowitz, J.), rendered March 12, 1990, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress certain identification testimony.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of robbery in the first degree to robbery in the third degree, and vacating the sentence imposed; as…