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State v. Boone

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 423 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Kings County (Lott, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was identified in an unduly-suggestive identification procedure in which only he exhibited a prominent facial scar. We disagree. While it is true that the defendant alone had a facial scar, from the testimony and photographic evidence concerning the lineup, it appears that the defendant was positioned in such a manner that his scar was not visible and that it played no part in the resulting identification ( see, People v. Thomas, 223 A.D.2d 610; People v. Rosado, 222 A.D.2d 617; People v. Neptune, 193 A.D.2d 703; People v. Williams, 118 A.D.2d 610). We further note that the defendant was also identified at trial by two other witnesses, neither of whom observed the lineup ( see, People v. Medina, 208 A.D.2d 771; People v. Jackson, 167 A.D.2d 420).

We have reviewed the defendant's remaining contentions and find them to be without merit.

Miller, J. P., O'Brien, Pizzuto and Friedmann, JJ., concur.


Summaries of

State v. Boone

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 423 (N.Y. App. Div. 1998)
Case details for

State v. Boone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALEEK BOONE, Appellant

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 423 (N.Y. App. Div. 1998)
674 N.Y.S.2d 121