PEOPLE v. MENDEZ


279 A.D.2d 434 (2001)

720 N.Y.S.2d 65

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN MENDEZ, Appellant.

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

Decided January 30, 2001.


Defendant's motion to suppress identification testimony was properly denied. As to the police canvass, the evidence establishes that defendant was simultaneously identified by two victims who did not influence each another. As to the lineup, the record establishes that the lineup fillers were sufficiently similar in appearance to the defendant and that there was not a substantial likelihood that the defendant would be singled out for identification (see, People v Chipp...

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