People v. Brogdon

—Appeal by the defendant from a judgment of the County Court, Westchester County (Pirro, J.), rendered August 3, 1992, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of the 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, to be preceded by a Wade hearing.

The defendant was arrested on December 4, 1991, in connection with the…