PEOPLE v. GAIRY


116 A.D.2d 733 (1986)

The People of the State of New York, Respondent, v. Alvin Gairy, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 27, 1986


Judgment affirmed.

We find unpersuasive defendant's contention that the pretrial lineup, from which he was identified by both the complainant and an eyewitness, was unduly suggestive. An examination of the lineup photograph leads us to agree with the hearing court's finding that, while two of the subjects appeared to be in their mid-twenties and three of the subjects appeared to be in their late teens or early twenties, defendant appeared older than his stated age...

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