PEOPLE v. RIVERA


265 A.D.2d 509 (1999)

697 N.Y.S.2d 632

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELMER RIVERA, Appellant.

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

Decided October 18, 1999.


Ordered that the judgment is affirmed.

The defendant claims that the lineup viewed by two prosecution witnesses one month after the shooting was unduly suggestive because the defendant and one filler were the only people in the lineup wearing the clothes described by the witnesses as having been worn by the shooter, i.e., a white T-shirt and jeans. The hearing court properly denied the suppression motion since the defendant's clothing was not so distinctive as to...

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