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PEOPLE v. GELZER

224 A.D.2d 443 (1996)

637 N.Y.S.2d 764

The People of the State of New York, Respondent, v. Charles Gelzer, Appellant

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

February 5, 1996

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly found that the pretrial lineup was not unduly suggestive. There is no requirement that a defendant who participates in a lineup be accompanied by individuals who are nearly identical to him in physical appearance (see, People v Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; People v Starkey,

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