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PEOPLE v. FISHER

143 A.D.2d 1037 (1988)

The People of the State of New York, Respondent, v. Cornell Fisher, Appellant

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

October 31, 1988

Ordered that the judgment is affirmed.

The defendant's contention that the hearing court erred in denying his motion to suppress the lineup identification is without merit. The fillers in the lineup were "sufficiently similar in appearance to the defendant such that no characteristic or visual clue would have oriented the viewer towards selecting the defendant as a participant in the crime" (People v Mason, 123 A.D.2d 720

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