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PEOPLE v. BAITY

139 A.D.2d 521 (1988)

The People of the State of New York, Respondent, v. John Baity, Appellant

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

April 4, 1988

Ordered that the judgment is affirmed.

Based upon our review of the hearing record, including a photograph of the defendant's lineup, we conclude that the defendant's lineup was not unduly suggestive. Each of the fillers in the lineup possessed reasonably similar physical characteristics to the defendant and there is no indication that the police engaged in improper conduct calculated to influence the witnesses' identification...

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