People v. Cherry

by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J), rendered July 29, 2003, convicting him of assault in the first 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 identification testimony. By decision and order dated February 7, 2006, this Court remitted the matter to the Supreme Court, Kings County, for a de novo suppression hearing and a report thereafter on that branch of the defendant’s omnibus motion which was to suppress…