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PEOPLE v. CARROLL

303 A.D.2d 200 (2003)

759 N.Y.S.2d 443

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT CARROLL, Appellant.

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

Decided March 11, 2003.

Defendant's motion to suppress identification testimony was properly denied. His sole argument at the suppression hearing was that the lineup was unduly suggestive because his skin tone was allegedly markedly darker than that of the other four African-American lineup participants. A lineup photograph was introduced at the hearing but has since been lost. However, the hearing court found the lineup to be fair in this regard and...

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