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PEOPLE v. OWENS

4234. 1870/11.

151 A.D.3d 520 (2017)

2017 NY Slip Op 04781

55 N.Y.S.3d 736

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE OWENS, Appellant.

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

Decided June 13, 2017.

The court properly denied defendant's suppression motion. The hearing record and our examination of a copy of a photo array support the court's finding that the array was not unduly suggestive (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). The alleged discrepancies in skin tone and facial hair between defendant and the fillers were not noticeable (see e.g. People v Sanchez,

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