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PEOPLE v. CEPEDA

2012-02972, Ind. No. 9909/09.

171 A.D.3d 940 (2019)

95 N.Y.S.3d 870

2019 NY Slip Op 02717

The People of the State of New York, Respondent, v. Ricardo Cepeda, Appellant.

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

Decided April 10, 2019.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's determination to deny that branch of the defendant's omnibus motion which was to suppress identification testimony. "While there is no requirement that a defendant in a lineup be surrounded by individuals nearly identical in appearance, the other individuals in the lineup should sufficiently resemble the defendant so that there is no substantial likelihood that the defendant would be singled...

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