PEOPLE v. CLARK


155 A.D.2d 548 (1989)

The People of the State of New York, Respondent, v. Alwin Clark, Appellant

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

November 13, 1989


Ordered that the judgment is affirmed.

We have examined the lineup photographs and conclude that the hearing court properly found that the composition of the lineup was not unduly suggestive. Despite the fact that the defendant and two of the other men in the lineup were the only bearded men, the lineup was comprised of six individuals of very similar appearance and hairstyle. Although three of the other men did not have beards, the totality of the circumstances supports...

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