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PEOPLE v. GARCIA

182 A.D.2d 518 (1992)

The People of the State of New York, Respondent, v. Javier Garcia, Appellant

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

April 16, 1992

Giving proper deference to the findings of the hearing court (People v Prochilo, 41 N.Y.2d 759, 761) we agree that the difference in skin tones between defendant and some of the fill-ins, "when considered together with the similarity of age, height and body type of all the fill-ins was not sufficient to create a substantial likelihood that the defendant would be singled out for identification...

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