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PEOPLE v. VILLACRESES

12 A.D.3d 624 (2004)

785 N.Y.S.2d 103

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN VILLACRESES, Appellant.

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

November 22, 2004.

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that a lineup was unduly suggestive. There is no requirement that a defendant who participates in a lineup be accompanied by individuals who are nearly identical to him (see People v Chipp, 75 N.Y.2d 327 [1990], cert denied 498 U.S. 833 [1990]). The defendant's contention that there was a height difference between him and the other...

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