Defendant's motion to suppress identification testimony was properly denied without a hearing. Defense counsel's moving papers conceded that the fillers in the lineup were similar to defendant, except for defendant's protruding upper lip, and the police were under no obligation to surround defendant with persons nearly identical to him (People v Chipp,
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PEOPLE v. ACOSTA
161 A.D.2d 177 (1990)
The People of the State of New York, Respondent, v. Manuel Acosta, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 1, 1990
May 1, 1990
Appellate Division of the Supreme Court of the State of New York, First Department.
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