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PEOPLE v. MITCHELL

283 A.D.2d 593 (2001)

724 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN MITCHELL, Appellant.

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

Decided May 21, 2001.

Ordered that the judgment and the resentence are affirmed.

The hearing court correctly concluded that the lineup was not unduly suggestive (see, People v Chipp, 75 N.Y.2d 327). Furthermore, contrary to the defendant's contention, the hearing court properly denied his request to call the complainant as a witness at the hearing (see, People v Chipp, supra, at 337-338).

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