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PEOPLE v. SIMMONS

197 A.D.2d 648 (1993)

602 N.Y.S.2d 686

The People of the State of New York, Respondent, v. George Simmons, Appellant

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

October 18, 1993

Ordered that the judgments are affirmed.

We agree with the hearing court that the lineup identification conducted by the police was not unduly suggestive. The participants in the lineup were reasonably similar in appearance to the defendant. There is no requirement that a defendant in a lineup be accompanied by individuals nearly identical to him or her in physical appearance (see, People v Chipp, 75 N.Y.2d 327, 336...

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