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PEOPLE v. FARRELL

28 A.D.3d 244 (2006)

812 N.Y.S.2d 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS FARRELL, Appellant.

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

April 6, 2006.

The court properly denied defendant's motion to suppress lineup identifications. The record establishes that the height and weight disparities between defendant and the other lineup participants were sufficiently minimized by having the participants seated and their torsos covered (see People v. Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]; People v. Marquez, 264 A.D.2d 634

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