PEOPLE v. GRAHAM


297 A.D.2d 579 (2002)

747 N.Y.S.2d 171

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GRAHAM, Appellant.

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

Decided September 24, 2002.


Defendant's suppression motion was properly denied. The record supports the hearing court's finding that the lineup was not unduly suggestive (see People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). The lineup participants wore shirts of varying styles and colors. There was no evidence adduced at the hearing concerning the victim's description of the clothing worn by her assailant at the time of the crime, and defendant...

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