PEOPLE v. HARRIS


172 A.D.2d 560 (1991)

The People of the State of New York, Respondent, v. Marvin Harris, Appellant

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

April 1, 1991


Ordered that the judgment is affirmed.

The record of the defendant's Wade hearing demonstrates that there were obvious differences in height and age between the defendant and the other individuals used by the police at the lineup procedure employed herein. Indeed, the hearing court repeatedly expressed misgivings regarding the validity of the lineup, noting that the other individuals were noticeably taller than the defendant and that "some * * * look much older...

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