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PEOPLE v. GASTON

270 A.D.2d 22 (2000)

704 N.Y.S.2d 559

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY GASTON, Appellant.

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

Decided March 2, 2000.

The hearing court properly denied defendant's motion to suppress identification evidence. We find nothing suggestive about either the photographic or lineup identifications (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Since the complainant never described the attire or hairstyle of the perpetrator, any differences in those respects between defendant's appearance and that of the other participants did...

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