PEOPLE v. CODY


153 A.D.2d 897 (1989)

The People of the State of New York, Respondent, v. William Cody, Appellant

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

September 18, 1989


Ordered that the judgment is affirmed.

We find that the photographic array was not impermissibly suggestive since the array of photographs depicted men sufficiently similar in appearance so that no characteristic or visual clue would have caused the viewer to select the defendant's photograph (see, Simmons v United States, 390 U.S. 377, 384; People v Lundquist, 151 A.D.2d 505...

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