People v. Whitney

— Appeal by the defendant from a judgment of the County Court, Westchester County *749(Martin, J.), rendered October 9, 1985, convicting him of attempted assault in the first degree and assault in the second degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, without a hearing (Dachenhausen, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the matter is remitted to the County Court, Westchester County, to hear and report on that branch of the defendant’s omnibus motion which was to…