PEOPLE v. BURRIS


171 A.D.2d 668 (1991)

The People of the State of New York, Respondent, v. Darius Burris, Appellant

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

March 4, 1991


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the hearing court properly declined to suppress the lineup and in-court identification testimony of two prosecution witnesses. The defendant argues that the witnesses' viewings of a high school yearbook were unduly suggestive and thus tainted the subsequent lineup procedures. However, the record reveals no evidence that the yearbook displayed the defendant's photograph in an unduly suggestive...

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