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PEOPLE v. SHAW

251 A.D.2d 686 (1998)

677 N.Y.S.2d 796

The People of the State of New York, Respondent, v. Daytoine Shaw, Appellant

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

June 29, 1998

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court did not err in failing to suppress the lineup identification testimony. While lineup participants should have the same general physical characteristics as those of the suspect, there is no requirement that a defendant in a lineup be surrounded by individuals nearly identical in appearance (see, People v Rotunno, 159 A.D.2d 601...

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