PEOPLE v. IRVING


254 A.D.2d 302 (1998)

680 N.Y.S.2d 549

The People of the State of New York, Respondent, v. Terrance Irving, Appellant

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

October 5, 1998


Ordered that the judgment is affirmed.

Contrary to the defendant's assertions, the lineup was not impermissibly suggestive. There is no requirement that lineup stand-ins be identical in physical characteristics to the defendant. They must only be reasonably similar in appearance (see, People v Harris, 187 A.D.2d 530). Although some of the standins were taller, their height was effectively concealed by the fact that...

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