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PEOPLE v. BANKS

276 A.D.2d 294 (2000)

714 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL BANKS, Appellant.

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

Decided October 10, 2000.

Defendant's suppression motion was properly denied. The record supports the hearing court's finding that the photographs in the array shown to the complainant were sufficiently similar to avoid drawing attention to defendant. Any "minor discrepancies in apparent age between the individuals in the six photographs * * * did not impermissibly highlight or distinguish defendant's photograph in any way" (People v Tapling, 159 A.D.2d 260

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