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PEOPLE v. FIGUEROA

204 A.D.2d 103 (1994)

611 N.Y.S.2d 526

The People of the State of New York, Respondent, v. Moises Figueroa, Appellant

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

May 5, 1994

A review of the lineup photograph supports the hearing court's finding that while all of the fillers were older than defendant, and their weights and heights varied, defendant and the fillers, all seated during the lineup procedure, were of such reasonably similar appearance that there was no substantial likelihood that defendant would be singled out for identification (People v Chipp, 75 N.Y.2d 327

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