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PEOPLE v. DAVIS

27 A.D.3d 761 (2006)

815 N.Y.S.2d 612

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMINENT DAVIS, Appellant.

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

March 28, 2006.

Ordered that the judgment is affirmed.

While lineup participants should have the same general physical characteristics as those of the suspect, a defendant need not be surrounded by individuals nearly identical to him in appearance (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). Since the lineup participants resembled the defendant in weight, attire, hair color, and skin tone, minor...

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