PEOPLE v. ROGERS


245 A.D.2d 1041 (1997)

666 N.Y.S.2d 66

The People of the State of New York, Respondent, v. Ladon Rogers, Appellant. (Appeal No. 1.)

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

December 31, 1997


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that a photo array shown to a prosecution witness was unduly suggestive and that County Court should therefore have suppressed an in-court identification of him by that witness. The array contained photos of six men with similar features, skin tone and hair styles. Although defendant is the only person in the array looking to his left, the viewer's attention is not drawn to defendant...

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