PEOPLE v. McLAUGHLIN


8 A.D.3d 146 (2004)

780 N.Y.S.2d 119

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVIN McLAUGHLIN, Appellant.

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

June 22, 2004.


The court properly denied defendant's suppression motion. Defendant is not entitled to suppression on the ground that the lineup should have been conducted in sequential fashion, as the attorney attending the lineup had requested. We know of no authority for the proposition that failure to employ a sequential procedure may be a basis for suppression of a lineup (see Matter of Thomas, 189 Misc.2d 487, 490-491 [2001]). Under existing...

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