People v. Asquino

Appeal by the defendant from a judgment of the County Court, Nassau County (O’Shaughnessy, J.), convicting him of attempted robbery in the first degree (three counts), and robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial (Ain, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

It was error for the Hearing Judge not to decide whether probable cause existed for the defendant’s arrest, since the defendant’s omnibus motion…