Opinion
June 29, 1998
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is affirmed.
A photographic display is suggestive where some characteristics of one picture draw the viewer's attention to the subject of that picture, indicating that the police have made a particular selection ( see, People v. Cherry, 150 A.D.2d 475). The six-picture array employed in this case was not suggestive. All of the participants, including the defendant, were close in age, and had similar hairstyles, skin tones, and facial characteristics ( see, People v. Robert, 184 A.D.2d 597, 598). Additionally, there is no merit to the defendant's contention that the lineup in which he was identified was impermissibly suggestive because he was the youngest participant ( see, People v. Pinckney, 220 A.D.2d 539; People v. Garcia, 215 A.D.2d 584, 585).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J. P., O'Brien, Ritter and Krausman, JJ., concur.