People v. Thomas

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 18, 1990, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing concurrent indeterminate terms of 8 Vs to 25 years imprisonment. The appeal brings up for review the denial, without a hearing, of the defendant’s application to suppress identification testimony.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by…