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PEOPLE v. WALKER

19 A.D.3d 334 (2005)

798 N.Y.S.2d 415

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON WALKER, Appellant.

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

June 30, 2005.

The court properly denied defendant's suppression motion. The lineup photograph establishes that all the participants were similar in appearance and that the age difference between defendant and the others was not noticeable, so that there was no substantial likelihood that defendant would be singled out for identification (see People v Chipp, 75 N.Y.2d 327, 335-336 [1990], cert denied 498 U.S. 833 [1990]).

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