People v. Astuto

—Appeal by the People from an order of the Supreme Court, Kings County (Hall, J.), dated July 24, 1998, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the order is reversed, on the law and the facts, that branch of the defendant’s omnibus motion which was to suppress identification testimony is denied, and the matter is *460remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

During the police investigation of the fatal shooting of Michael Rubin, the defendant was…