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PEOPLE v. PADILLA

206 A.D.2d 271 (1994)

614 N.Y.S.2d 498

The People of the State of New York, Respondent, v. Sammy Padilla, Appellant

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

July 7, 1994

Defendant's motion to suppress identification testimony was properly denied. Defendant was not entitled to be surrounded by lineup participants of nearly identical appearance (People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833), and the record does not support an inference that the clothing worn by defendant at the lineup was sufficiently distinctive to render the lineup unfair.

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