PEOPLE v. GRATE


130 A.D.2d 590 (1987)

The People of the State of New York, Respondent, v. Anthony Grate, Appellant

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

May 11, 1987


Ordered that the judgment is affirmed.

The defendant contends that the photographic array presented to one of the witnesses by the police some time after the event was so suggestive as to be violative of due process. The array consisted of six photographs, five of which indicated the height of the individuals, while the defendant's photograph, which was one quarter of an inch less in size than the other photographs, did not show his height. These characteristics,...

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