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People v. Keller

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 735 (N.Y. App. Div. 1997)

Opinion

September 29, 1997

Appeal from Supreme Court, Kings County (Gary, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record supports the determination of the hearing court that the photo array and pretrial lineup were not suggestive. While the fillers used in a lineup must be sufficiently similar to the defendant so that no characteristic or visual clue would orient the viewer towards the defendant as a perpetrator of the crimes charged ( see, People v Lundquist, 151 A.D.2d 505, 506), there is no requirement that a defendant in a lineup be accompanied by individuals nearly identical in appearance ( see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; People v. Rotunno, 159 A.D.2d 601; People v. Diaz, 138 A.D.2d 728). Examination of the photo array and the lineup photograph confirms the hearing testimony that the fillers were sufficiently similar to the defendant in age, weight and build, skin tone, hair style, and dress ( see, People v. Phillips, 145 A.D.2d 656).

The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80).

Mangano, P.J., Copertino, Altman and Goldstein, JJ., concur.


Summaries of

People v. Keller

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 735 (N.Y. App. Div. 1997)
Case details for

People v. Keller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL KELLER…

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

Date published: Sep 29, 1997

Citations

242 A.D.2d 735 (N.Y. App. Div. 1997)
664 N.Y.S.2d 940

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