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PEOPLE v. GREEN

159 A.D.2d 325 (1990)

The People of the State of New York, Respondent, v. Melvin Green, Appellant

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

March 15, 1990

We do not find that the lineup was unnecessarily suggestive because defendant was the only participant wearing a bandage on his head. All of the participants in the lineup wore hats and defendant's hat served to partially mask the bandage. The bandage did not single the defendant out. Nor did the bandage "figure prominently" in the description that the complainant had given the police (cf., People v Moore, 143 A.D.2d 1056...

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