Opinion
April 30, 1998
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
The court properly denied defendant's motion to suppress the lineup identification. Defendant's contention that the lineup was unduly suggestive is not supported by the record, which establishes that all of the participants were wearing fairly similar clothes and sufficiently resembled one another ( see, People v. Gega, 188 A.D.2d 305, lv denied 81 N.Y.2d 886). The statement by the police officer conducting the lineup that the complainant was "going to have to pick out the person that robbed him" did not contaminate the identification ( see, People v. Rodriguez, 64 N.Y.2d 738). We perceive no abuse of sentencing discretion.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Andrias, JJ.