SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 22, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GEORGE WHITMORE, JR., APPELLANT
Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.
Appeal (1) from a judgment of the Supreme Court, Kings County, rendered June 8, 1967, convicting defendant of attempted rape in the first degree and of assault in the second degree, upon a jury verdict after a third trial, and imposing sentence and (2) from so much of an undated order of said court, made upon a decision rendered May 8, 1967, as denied defendant's motion to suppress evidence of identification allegedly obtained in violation of his constitutional rights. Case remitted to the trial court for a hearing as to whether the victim-witness' in-court identification was tainted by the improper show-up (People v. Hill, 22 N.Y.2d 686). In the interim the appeal will be held in abeyance.
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