PEOPLE v. BATISTA


308 A.D.2d 415 (2003)

764 N.Y.S.2d 819

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR BATISTA, Appellant.

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

Decided September 30, 2003.


Defendant's suppression motion was properly denied. The record, which includes the photographs of the lineup, supports the court's finding that with the exception of one person, 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...

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