Appeal from judgment, Supreme Court, New York County (Albert P. Williams, J., at Wade hearing, jury trial, and sentence), rendered January 12, 1989, convicting defendant of robbery in the second degree and grand larceny in the fourth degree and sentencing him to concurrent indeterminate terms of imprisonment of 4 to 8 years and IV2 to 3 years, respectively, unanimously held in abeyance, and the matter remanded for further proceedings.
The hearing court erred in concluding that the lineup identification in this case was not suggestive. Defendant was the only person in the lineup wearing clothing that was substantially similar to the clothing described by the complaining witness as worn by the perpetrator of the crime. (See, People v Owens,
Moreover, in light of the fact that the complaining witness did not testify at the hearing, this court may not rely upon her testimony at trial to determine that she had an indepen