PEOPLE v. NEPTUNE


193 A.D.2d 703 (1993)

598 N.Y.S.2d 47

The People of the State of New York, Respondent, v. Bensale Neptune, Appellant

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

May 10, 1993


Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial and due process when he was asked to smile during the lineup procedure is unpreserved for appellate review (see, CPL 470.05 [2]), and, in any event, without merit. All of the participants in the lineup were asked to smile at the complainant's request, after he remembered that the perpetrator had a chipped tooth....

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