People v. Rudan

Appeal by defendant from a *256judgment of the County Court, Nassau County (Delin, J.), rendered June 18, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Diamond, J.), of defendant’s motion to suppress certain identification testimony.

Judgment affirmed.

The hearing court erred when it found that the photo array was not unduly suggestive. Both identification witnesses were aware that they were looking for a person who was previously described as a white male with a full mustache. The photo…