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PEOPLE v. DOLAN

2 A.D.3d 744 (2003)

768 N.Y.S.2d 655

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RORY DOLAN, Appellant.

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

December 22, 2003.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, "[t]he motion court properly declined to suppress the identification evidence. Since, in their seated positions, [the] defendant and the fillers appeared to possess roughly similar heights and weights, and since they were otherwise sufficiently similar in appearance, the lineup was not unduly suggestive" (People v Brock, 293 A.D.2d 294 [2002])...

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