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PEOPLE v. MACK

13 A.D.3d 653 (2004)

786 N.Y.S.2d 354

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MICHAEL MACK, Appellant.

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

December 27, 2004.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the lineup was unduly suggestive (see People v Figaro, 305 A.D.2d 697, 697-698 [2003]). In any event, the Supreme Court properly denied the defendant's motion to suppress the victim's identification testimony on that basis. The presence of minor differences in appearance between the defendant and the other participants...

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