Opinion
June 8, 1995
Appeal from the Family Court, New York County (Judith Sheindlin, J., Bruce Kaplan, J.).
The photo array was not unduly suggestive. Respondent, who was described by the complainant as "light-skinned black" and "young", was one of several young African-American men in the array. He was not the person in the group with the lightest complexion, as he contends, and while it is true that he was the only person with a cornrow hairstyle, reasonable steps were taken to deemphasize that feature by including others in the array who were wearing hats. It is also true that respondent was the youngest person in the array, and looked like the youngest, but this feature alone did not have the effect of singling him out. Nor was there anything suggestive about the subsequent lineup, where respondent appeared among several young looking, "light skinned" African-American males.
The second dispositional order on appeal is reversed with the presentment agency's consent, and its acknowledgment that the petition underlying it is factually without merit.
Concur — Murphy, P.J., Rosenberger, Wallach, Williams and Tom, JJ.