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People v. Alton

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 529 (N.Y. App. Div. 1991)

Opinion

January 22, 1991

Appeal from the Supreme Court, New York County, Murray Mogel, J., James Leff, J.


We find no merit to defendant's claim that his right to competent counsel was violated. Defendant's second attorney failed to challenge the lineup identification on the ground that it was inherently suggestive, but instead argued that the lineup was tainted by a photographic array made available earlier to the witness. Defendant has not demonstrated that counsel's decision was inappropriate. (People v Rivera, 71 N.Y.2d 705.) Since defendant's first attorney (a colleague of the second) was present at the lineup, it is unlikely that the makeup of the lineup was prejudicial to defendant's rights (cf., People v Lopez, 123 A.D.2d 360, lv denied 68 N.Y.2d 915).

Defendant also argues that the array was suggestive because of his receding hairline. The photographs that filled out the array did not have to depict persons nearly identical in appearance. (People v Chipp, 75 N.Y.2d 327, cert denied ___ US ___, 111 S Ct 99.) Moreover, the lineup was conducted more than four weeks after the photographic array was displayed, rendering prejudice unlikely. (Cf., People v Thomas, 161 A.D.2d 543, lv denied 76 N.Y.2d 866.)

Concur — Murphy, P.J., Carro, Wallach, Kupferman and Asch, JJ.


Summaries of

People v. Alton

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 529 (N.Y. App. Div. 1991)
Case details for

People v. Alton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM ALTON…

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 529 (N.Y. App. Div. 1991)
564 N.Y.S.2d 177

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