PEOPLE v. MENDEZ


208 A.D.2d 358 (1994)

617 N.Y.S.2d 5

The People of the State of New York, Respondent, v. Hilden Mendez, Appellant

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

October 4, 1994


We find no impermissible suggestiveness in the fact that defendant's photo was the only one in the array with a height chart rather than a white background, a difference that could not have directed the identifying witness to defendant (see, Matter of Christopher E., 163 A.D.2d 385, lv denied 76 N.Y.2d 712), since the witness had recognized, described and identified defendant by his street name. Nor do we find any infirmity...

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