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PEOPLE v. SAEZ

233 A.D.2d 121 (1996)

649 N.Y.S.2d 777

The People of the State of New York, Respondent, v. Rafael Saez, Also Known as Miguel Lopez, Also Known as Jose Lopez, Appellant

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

November 7, 1996

Suppression of the lineup identification was properly denied as each filler was a thin Hispanic male, as is this defendant; at least four of the five fillers had a mustache similar to defendant's; and four of the five appeared to be in defendant's age range of 25 to 35 years old (see, People v Gonzalez, 173 A.D.2d 48, 56-58, lv denied 79 N.Y.2d 1001). Thus, the lineup photograph...

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