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PEOPLE v. JACKSON

61 A.D.3d 620 (2009)

877 N.Y.S.2d 327

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYANT JACKSON, Appellant.

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

Decided April 30, 2009.

The court properly denied defendant's suppression motion. The hearing evidence, including the lineup photographs, establishes that the lineup was not unduly suggestive (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). Because all of the lineup participants were seated, height differences were sufficiently minimized. The lineup was not rendered suggestive by the fact that the victim described...

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