PEOPLE v. MARQUEZ


264 A.D.2d 634 (1999)

696 N.Y.S.2d 422

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO MARQUEZ, Appellant.

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

Decided September 23, 1999.


The court properly found that the lineup procedures herein were not unduly suggestive. A review of the relevant lineup photographs confirms the court's determination that, with all participants seated, differences in height and weight between defendant and the fillers were appropriately minimized and that, in all other respects, the participants were sufficiently similar in appearance so that there was no substantial likelihood that defendant would be singled out for identification...

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