People v. Cabrera

Judgment, the Supreme Court, New York County (Richard Andrias, J.), rendered April 24, 1989, convicting defendant after a jury trial of robbery in the first degree, and sentencing him to an indeterminate term of imprisonment of two to six years, unanimously affirmed. The matter is remitted for further proceedings pursuant to CPL 460.50 (5).

Defendant’s argument that the victim of the crime and his wife should not have been allowed to make in-court identifications is meritless. Nothing in the hearing record shows that either witness participated in a pre-trial identification proce*387dure at which…