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PEOPLE v. MITCHELL

299 A.D.2d 187 (2002)

749 N.Y.S.2d 523

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

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

Decided November 12, 2002.

Defendant's suppression motion was properly denied. The record supports the court's finding that the photographs in the photo array were sufficiently similar so that defendant was not singled out for identification (see People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). There was no violation of defendant's limited right to counsel at his investigatory lineup (see...

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