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PEOPLE v. ERVIN

5 A.D.3d 316 (2004)

773 N.Y.S.2d 547

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAYTON ERVIN, Appellant.

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

March 30, 2004.

The court properly denied defendant's motion to suppress identification testimony and statements. In both the photo array and the lineup, all the participants matched the description provided by the victim, and there was no readily apparent difference between defendant's appearance and that of the other persons that would cause him to be singled out for identification (see People v Chipp, 75 N.Y.2d 327

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