People v. A.S.

OPINION OF THE COURT

Rita Mella, J.

*382The defendant is charged with assault in the third degree (Penal Law § 120.00 [1]) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03).

In an omnibus motion, the defendant seeks: (1) dismissal of the assault charge on grounds of facial insufficiency; (2) suppression of any identification evidence and testimony against him; (3) to preclude the prosecution from presenting identification and statement testimony at trial for which they failed to give timely notice; (4) to preclude the prosecution’s use of defendant’s prior…