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People v. Biesty

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1996
228 A.D.2d 608 (N.Y. App. Div. 1996)

Opinion

June 17, 1996

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the photographic array was unduly suggestive. "There is no requirement that all the participants in a * * * photo array be identical in appearance" (Matter of Raymond A., 178 A.D.2d 288, 289; see also, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; People v. Hoehne, 203 A.D.2d 480). In any event, the photographic array from which the witnesses selected the defendant consisted of males who were similar in appearance and age to the defendant (see, People v. Landor, 92 A.D.2d 625). The record further establishes that none of the other procedures used in connection with the identification of the defendant were improper.

The defendant's remaining contentions are without merit. Thompson, J.P., Santucci, Joy and Altman, JJ., concur.


Summaries of

People v. Biesty

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1996
228 A.D.2d 608 (N.Y. App. Div. 1996)
Case details for

People v. Biesty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN M. BIESTY…

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

Date published: Jun 17, 1996

Citations

228 A.D.2d 608 (N.Y. App. Div. 1996)
644 N.Y.S.2d 898

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