People v. Miles

Appeal by defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered December 19, 1986, convicting him of attempted assault in the second degree, and assault in the third degree, after a nonjury trial, and imposing sentence. The appeal brings up for review, the denial, without a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is reversed, on the law, that branch of the defendant’s omnibus motion which was to preclude the identification testimony of the complainant is granted, and the…