PEOPLE v. GIANCASPRO


26 A.D.3d 185 (2006)

807 N.Y.S.2d 875

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

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

February 7, 2006.


The court properly denied defendant's motion to suppress identification testimony. There was no evidence adduced at the hearing that cast any doubt on the fairness of the lineup, and an examination of the lineup photograph reveals that the fillers were reasonably similar in appearance to defendant and that any differences were not sufficient to create a substantial likelihood that defendant would be singled out for identification...

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