PEOPLE v. McNEIL

4750, 2887/12.

154 A.D.3d 554 (2017)

61 N.Y.S.3d 900

2017 NY Slip Op 07330

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALCOLM McNEIL, Appellant.

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

Decided October 19, 2017.


The court properly denied defendant's suppression motion. Defendant did not preserve his argument that a photo array was unduly suggestive because he was allegedly the only person in the array not looking at the camera and because his image allegedly appeared "15 to 20%" larger than those of the fillers, and we decline to review it in the interest of justice. As an alternative holding, we find that defendant, like the fillers in the photo array, was looking straight ahead...

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