PEOPLE v. PIMENTEL


282 A.D.2d 280 (2001)

725 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO PIMENTEL, Appellant.

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

Decided April 12, 2001.


Defendant's motion to suppress identification testimony was properly denied. The photograph of the lineup at which defendant was identified by witnesses to both murders establishes that the participants were similar in general appearance. Differences in their weights and heights were sufficiently concealed by their clothing and their placement in a seated position, and the variations in their hairstyles and complexions were insignificant...

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