Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered January 21, 2010.
Released on December 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
The judgment convicted defendant, upon a jury verdict, of criminal possession of a forged instrument in the second degree (eight counts), petit larceny (two counts), grand larceny in the third degree, identity theft in the first degree and scheme to defraud in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, that part of defendant's omnibus motion seeking to suppress the identification testimony with respect to count 6 of the indictment is granted, and a new trial is granted on counts 3, 5, 6 and 8 through 15 of the indictment and count 7 of the indictment is dismissed without prejudice to the People to re-present any appropriate charge under that count of the indictment to another grand jury.
Same Memorandum as in People v Williams ([appeal No. 2] ___ AD3d ___ [Dec. 28, 2012]). Entered: December 28, 2012 Frances E. Cafarell Clerk of the Court
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