People v. Ramirez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered March 6, 1985, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after 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, and a new trial is ordered.

A review of the trial testimony indicates that a close question of the identification of the perpetrator was…