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PEOPLE v. MOSES

4963, 3045/12.

155 A.D.3d 476 (2017)

65 N.Y.S.3d 15

2017 NY Slip Op 08085

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHARIFE MOSES, Appellant.

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

Decided November 16, 2017.

The court properly denied defendant's motion to suppress a lineup identification. The lineup was not unduly suggestive. Defendant and the fillers were all reasonably similar in appearance, and there was no substantial likelihood that defendant would be singled out (see People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). The difference in height between defendant and almost all of the fillers was not...

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