PEOPLE v. DAILEY

2009-07318.

86 A.D.3d 579 (2011)

926 N.Y.S.2d 662

2011 NY Slip Op 5970

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE DAILEY, Appellant.

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

Decided July 12, 2011.


Ordered that the judgment is affirmed.

The defendant's contention that the photo arrays from which a number of witnesses selected his picture were unduly suggestive is without merit. There were no characteristics of the defendant's picture that made it stand out in any way from the others in the arrays so as to draw a viewer's attention to it and indicate that the police had "made a particular selection" (People v Curtis, 71 A.D.3d 1044

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