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PEOPLE v. GRANT

43 A.D.3d 800 (2007)

843 N.Y.S.2d 214

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL GRANT, Appellant.

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

Decided September 27, 2007.

The court properly denied defendant's motion to suppress identification testimony. We have viewed a photograph of the lineup and we conclude that there was nothing to single defendant out for identification (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). While defendant argues that he was significantly younger and taller than the other lineup participants, we note that the victim's description...

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