Ordered that the judgment is reversed, on the law, the facts and as a matter of discretion in the interest of justice, that branch of the defendant's omnibus motion which was for suppression of identification testimony is granted, the indictment is dismissed and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The defendant's conviction arises out of an incident which occurred...
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