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PEOPLE v. CHELLEL

307 A.D.2d 974 (2003)

762 N.Y.S.2d 922

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH CHELLEL, Appellant.

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

Decided August 11, 2003.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court correctly denied that branch of his omnibus motion which was to suppress identification testimony. While lineup participants should have the same general physical characteristics as the suspect, there is no requirement that a defendant in a lineup be surrounded by individuals nearly identical in appearance (see People v Chipp, 75 N.Y.2d 327

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