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PEOPLE v. PINCKNEY

220 A.D.2d 539 (1995)

632 N.Y.S.2d 203

The People of the State of New York, Respondent, v. Jeffrey Pinckney, Appellant

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

October 10, 1995

Ordered that the judgment and the amended judgment are affirmed.

We find no merit to the defendant's contention that the lineup in which he was identified was impermissibly suggestive because he was one of the youngest, shortest, and lightest individuals in the lineup. There is no requirement that a defendant in a lineup be surrounded by people nearly identical to him or her in appearance (see, People v Brito, 179 A.D.2d 666

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