Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the count of the indictment charging the defendant with assault in the second degree is dismissed, that branch of the defendant's omnibus motion which was to suppress two identifications of the defendant from arrest photographs is granted, and a new trial is ordered on the count of the indictment charging the defendant with burglary in the second degree, to be preceded...
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