PEOPLE v. MUHAMMAD

2764/14. 8161. 8160.

168 A.D.3d 549 (2019)

91 N.Y.S.3d 414

2019 NY Slip Op 00386

The People of the State of New York, Respondent, v. Mekhi Muhammad, Appellant.

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

Decided January 22, 2019.


The court properly denied defendant's motion to suppress identification testimony. The record, including lineup photographs, supports the hearing court's finding that the lineups were not unduly suggestive. Discrepancies regarding skin tone and apparent age were not so pronounced as to create a "substantial likelihood that the defendant would be singled out for identification" (People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied...

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