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PEOPLE v. STEPHENS

248 A.D.2d 214 (1998)

670 N.Y.S.2d 185

The People of the State of New York, Respondent, v. Derron Stephens, Appellant

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

March 12, 1998

Defendant's motion to suppress identification testimony was properly denied. The testimony of the officer who conducted the lineup, credited by the hearing court, and his report, which indicated the age, weight and height of defendant and the fillers, as well as the fact that all were black males of similar complexion and with facial hair, were sufficient to establish the fairness of the lineup (see, People v Green

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