Opinion
1672
September 30, 2003.
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered July 21, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed.
Nancy D. Killian, for respondent.
R. Michael Vagnucci, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.
Defendant's suppression motion was properly denied. The record, which includes the photographs of the lineup, supports the court's finding that with the exception of one person, the lineup participants were sufficiently similar in appearance so that defendant was not singled out for identification (see People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.