PEOPLE v. SAMUELS


162 A.D.2d 559 (1990)

The People of the State of New York, Respondent, v. Willie Samuels, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 11, 1990


Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of grand larceny in the third degree to one of petit larceny, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

The defendant, on appeal, challenges the summary denial of that branch of his omnibus motion which was to suppress prospective identification testimony. The record, however, establishes that the complainant's employer and another bystander...

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