Opinion
November 5, 1998
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
A review of the lineup photos confirms the court's determination that the lineups conducted in this case were not unduly suggestive. In each lineup, differences in height and weight between defendant and the fillers were minimized by the seating of all participants, with the added step of covering the torsos of all participants in the second lineup, and although there were differences in age between defendant and the fillers, all participants appeared sufficiently similar so that there was no substantial likelihood that defendant would be singled out for identification (People v. Edmonds, 223 A.D.2d 455, lv denied 88 N.Y.2d 984).
Concur — Lerner, P. J., Sullivan, Rosenberger, Ellerin and Rubin, JJ.