People v. Sullivan

OPINION OF THE COURT

Memorandum.

Ordered that so much of the order dated October 26, 2011 as denied the branch of defendant’s omnibus motion seeking to suppress identification evidence is vacated and the matter is remitted to the District Court for a new determination of that branch of defendant’s motion, following a hearing, in accordance with the decision herein. The appeal is held in abeyance in the interim. The District Court is directed to file its report with all convenient speed.

In September 2011, two accusatory instruments were filed charging defendant with sexual abuse in the second…