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PEOPLE v. NIGHTINGALE

1 A.D.3d 179 (2003)

766 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LERUN NIGHTINGALE, Appellant.

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

November 13, 2003.

The court properly denied defendant's suppression motion. The record, which includes the photographs of the lineup, supports the court's finding that the lineup participants were sufficiently similar in appearance so that defendant was not singled out for identification (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]).

The court's Sandoval ruling balanced the appropriate factors...

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