PEOPLE v. LOPEZ

16007, 3169/11.

132 A.D.3d 591 (2015)

18 N.Y.S.3d 614

2015 NY Slip Op 07906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRES LOPEZ, Appellant.

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

Decided October 29, 2015.


Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered June 27, 2013, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of four years, unanimously affirmed.

Defendant's motion to suppress identification testimony was properly denied. A review of the lineup photograph reveals that height differences were sufficiently minimized by having the participants seated, and that differences in age and facial...

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