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PEOPLE v. MILLER

199 A.D.2d 422 (1993)

605 N.Y.S.2d 342

The People of the State of New York, Respondent, v. Philip Miller, Appellant

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

December 20, 1993

Ordered that the judgment is affirmed.

The defendant argues, inter alia, that both the lineup and the in-court identification should have been suppressed because three of the lineup fillers had skin tones significantly darker than his. However, it is clear that lineup fillers need not be identical in physical characteristics to the defendant, but only need be reasonably similar in appearance (see, People v Lundquist, 151 A.D.2d...

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