PEOPLE v. EVANS


202 A.D.2d 377 (1994)

610 N.Y.S.2d 192

The People of the State of New York, Respondent, v. Dennis Evans, Appellant

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

March 31, 1994


Defendant's claim that the precinct lineup identification was unduly suggestive is not preserved for appellate review, and we decline to reach it in the interest of justice. Were we to reach this claim, we would find that it is without merit. Defendant complains that four of the five lineup stand-ins had "distinctly different facial hair than the style the complainant said was worn by his assailant". However, given that the stand-ins were similar to defendant in height and...

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