PEOPLE v. DUNAWAY

2019-01645. Ind. No. 9555/16.

207 A.D.3d 742 (2022)

172 N.Y.S.3d 108

2022 NY Slip Op 04735

The People of the State of New York, Respondent, v. Raheem Dunaway, Appellant.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant, and appellant pro se.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Amy Appelbaum , and Paul Hastings LLP [ Jessica Montes ], of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.


Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress identification testimony. "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, there is no requirement that a defendant in a lineup be accompanied by individuals nearly identical...

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