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PEOPLE v. BAEZ

2014-01524, 2017-03792, Ind. No. 2176/12.

172 A.D.3d 893 (2019)

100 N.Y.S.3d 93

2019 NY Slip Op 03611

The People of the State of New York, Respondent, v. Jose Baez, Appellant.

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

Decided May 8, 2019.

Ordered that the judgment and the order are affirmed.

The lineup from which the defendant was identified was not suggestive. "`While the fillers used in a lineup must be sufficiently similar to the defendant so that no characteristic or visual clue would orient the viewer toward the defendant as a perpetrator of the crimes charged (see People v Lundquist, 151 A.D.2d 505, 506 [1989]), there is no requirement that a defendant...

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