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PEOPLE v. BRYAN

228 A.D.2d 244 (1996)

644 N.Y.S.2d 25

The People of the State of New York, Respondent, v. Sabrina Bryan, Appellant

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

June 11, 1996

The fill-ins selected for defendant's lineup were not so dissimilar in appearance to defendant as to make her stand out (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Although three of the four fill-ins, ages 42, 45 and 47, were older than defendant, who was 36 at the time, and only one was her age, all appeared to be roughly the same age, and, indeed, the complainant had described the assailant...

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