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PEOPLE v. RODRIGUEZ

254 A.D.2d 211 (1998)

679 N.Y.S.2d 572

The People of the State of New York, Respondent, v. Alberto Rodriguez, Appellant

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

October 27, 1998

A review of the lineup photograph and testimony at the Wade hearing supports the hearing court's conclusion that there was no suggestiveness in the conduct of the lineup (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833; People v Figueroa, 204 A.D.2d 103, lv denied 83 N.Y.2d 967). Any difference between defendant and the other participants was...

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