PEOPLE v. GRASSIA


141 A.D.2d 760 (1988)

The People of the State of New York, Respondent, v. Lee Grassia, Appellant

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

June 20, 1988


Ordered that the judgment is affirmed.

Despite the unavailability of the photograph of his lineup, we find, contrary to the defendant's contention, that there is an adequate record upon which to review his challenge to the "fairness" of the lineup procedure. Based upon the testimony of the detective who arranged the lineup and the testimony of the complaining witness, we conclude, as did the hearing court, that the lineup was in no way suggestive. In any event, we...

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