PEOPLE v. SIMMONS


158 A.D.2d 950 (1990)

The People of the State of New York, Respondent, v. Donald Simmons, Appellant

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

February 2, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of grand larceny in the second degree, arguing that the court erred in denying his motion to suppress a lineup identification because there was no photograph of the lineup and because the lineup was inherently suggestive due to the fact that defendant was the only participant with dreadlocks. Although the failure to preserve a photograph of the lineup gave rise to a...

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