PEOPLE v. CARABALLO

2013-05174, Ind. No. 2345/11.

136 A.D.3d 937 (2016)

26 N.Y.S.3d 148

2016 NY Slip Op 01197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CARABALLO, Appellant.

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

Decided February 17, 2016.


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered May 9, 2013, convicting him of robbery in the second degree (two counts) and assault in the second degree (two counts), after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (McGann, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.

Ordered that the judgment is modified...

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