PEOPLE v. MENA


287 A.D.2d 394 (2001)

731 N.Y.S.2d 451

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOCRATES MENA, Appellant.

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

Decided October 25, 2001.


Defendant's motion to suppress identification testimony was properly denied. Although defendant's ponytail figured prominently in the witnesses' descriptions, the undisputed evidence at the hearing established that defendant and the fillers were positioned in a way that obscured defendant's ponytail. Defendant never turned sideways during the viewings, and from the perspective of the witnesses viewing the lineup, they could only see the front of defendant's face. In addition...

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