People v. Bello

Ritter, J. P.,

dissents and votes to remit the matter to the Supreme Court, Queens County, to hear and report on that branch of the defendant’s motion which was to preclude the identification testimony of the complainant and to hold the appeal in abeyance in the interim with the following memorandum: In the early morning hours of March 9, 1991, two men claiming to have a gun robbed the complainant of money and jewelry before fleeing in a car. Two police cruisers responded to the scene. After speaking to the complainant, the officers in one of the cruisers left to canvass the area for suspects.…