1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 87 A.D.3d
  5. 87 A.D.3d 518 (2011)
 

PEOPLE v. KENLEY

Nos. 5469, 4787/07.

87 A.D.3d 518 (2011)

928 N.Y.S.2d 705

2011 NY Slip Op 6331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC KENLEY, Appellant.

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

Decided August 25, 2011.

A defendant is not entitled to a lineup in which the fillers are "nearly identical" to him (People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). However, a lineup is unduly suggestive when only the defendant matches a key aspect of the description of the perpetrator provided by a witness or witnesses (see Foster v California, 394 U.S. 440, 441-443 [1969]; People...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases