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PEOPLE v. MIDDLETON

128 A.D.2d 554 (1987)

The People of the State of New York, Respondent, v. Robert Middleton, Appellant

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

March 2, 1987

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the pretrial lineup was not unduly suggestive. Although an age disparity existed among the participants in the lineup, we agree with the hearing court's conclusion that this factor did not present a substantial risk of misidentification (see, People v Gairy, 116 A.D.2d 733). Moreover, the detective's testimony regarding the description of...

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