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PEOPLE v. POEY

260 A.D.2d 411 (1999)

689 N.Y.S.2d 509

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO POEY, Also Known as ANDRES CAMACHO, Appellant.

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

Decided April 5, 1999.

Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the hearing court correctly concluded that the lineup from which he was identified was not impermissibly suggestive. There is no requirement that the participants in a lineup be nearly identical in appearance (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Despite certain age and weight disparities, the fillers were...

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