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PEOPLE v. BURNS

138 A.D.2d 614 (1988)

The People of the State of New York, Respondent, v. Gary Burns, Appellant

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

March 21, 1988

Ordered that the judgment is affirmed.

The defendant argues that evidence of the lineup identification should have been suppressed because there was a 2- to 3-inch variation in the height of the lineup participants. While it is well established that the participants in a lineup should have the same general physical characteristics (see, Foster v California, 394 U.S. 440), there...

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