Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant contends that the instruction of Supreme Court regarding its ruling at the pretrial Wade hearing mandates reversal. We agree. In instructing the jury regarding its Wade determination, the court stated that it had "concluded as a matter of law that the procedure used, including the photo array identifications made on August 16, 1991, were [sic] reasonable...
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