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PEOPLE v. ELDRIDGE

213 A.D.2d 667 (1995)

624 N.Y.S.2d 197

The People of the State of New York, Respondent, v. Michael L. Eldridge, Appellant

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

March 27, 1995

Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the hearing court properly denied the branch of the defendant's omnibus motion which was to suppress the lineup identification. It is well settled that there is no requirement "that a defendant in a lineup be surrounded by people nearly identical in appearance" (People v Chipp, 75 N.Y.2d 327, 336), and the constitutional proscription against...

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