People v. Moss

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

*858A Brooklyn grocery store was robbed on July 8, 1988 while the owner and his clerk, Nasser Saleh, were working. At that time, both witnesses provided police with a description of the perpetrator. Four days after the robbery, the store’s owner observed defendant on the street and summoned a nearby police officer. Saleh, from inside the store, observed the police chasing defendant down the block just prior to his arrest. The next day, the police showed Saleh a photograph of defendant…