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PEOPLE v. STEWART

51 A.D.3d 826 (2008)

859 N.Y.S.2d 663

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL STEWART, Appellant.

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

Decided May 13, 2008.

Ordered that the judgment is affirmed.

The defendant argues on appeal that the lineup identification testimony should have been suppressed on the ground that his mustache was thicker and darker than the mustaches of certain other people in the lineup, and caused him to stand out. The determination of the hearing court that the lineup identification procedure was not unduly suggestive should not be disturbed unless it is...

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