People v. Vasquez

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McShane, J.), rendered April 17, 1980, convicting him of murder in the second degree and robbery 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.

Ordered that the judgment is modified, on the law, by reducing the conviction of robbery in the first degree to one of attempted robbery in the first degree and vacating the sen*162tence imposed thereon; as…