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PEOPLE v. BLAKE

170 A.D.2d 613 (1991)

The People of the State of New York, Respondent, v. Nicholas Blake, Appellant

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

February 19, 1991

Ordered that the judgment is affirmed.

We reject the defendant's contentions that the photo array and pretrial lineup procedure were unduly suggestive. Our review of the photo array and a photograph of the lineup reveals that the participants were sufficiently similar in appearance to the defendant so that no characteristic would influence the viewer toward choosing the defendant (see, People v Bullard, 146 A.D.2d 582

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