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PEOPLE v. PRIESTER

249 A.D.2d 247 (1998)

671 N.Y.S.2d 652

The People of the State of New York, Respondent, v. Eric Priester, Appellant

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

April 30, 1998

The court properly denied defendant's motion to suppress the lineup identification. Defendant's contention that the lineup was unduly suggestive is not supported by the record, which establishes that all of the participants were wearing fairly similar clothes and sufficiently resembled one another (see, People v Gega, 188 A.D.2d 305, lv denied 81 N.Y.2d 886). The statement by the police officer conducting the lineup...

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