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PEOPLE v. GIBSON

2 A.D.3d 281 (2003)

768 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CUBBY GIBSON, Appellant.

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

December 18, 2003.

The court properly denied defendant's motion to suppress identification testimony. The lineup photograph establishes that the lineup was not unduly suggestive, since the participants sufficiently resembled each other so as not to create a substantial likelihood that defendant would be singled out (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). In particular, the use of hats successfully disguised...

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