Opinion
2018–07616 Ind. No. 8833/15
05-26-2021
The PEOPLE, etc., respondent, v. Patrice DORCIL, appellant.
Steven A. Feldman, Manhasset, N.Y. (Arza Feldman of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.
Steven A. Feldman, Manhasset, N.Y. (Arza Feldman of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Cassandra M. Mullen, J.), rendered May 22, 2018, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Laura R. Johnson, J.), of that branch of the defendant's omnibus motion which was to suppress certain identification evidence.
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that a lineup procedure which resulted in his identification as the perpetrator was unduly suggestive due to a discrepancy between his age and the ages of the other participants. The photographs taken of the lineup reflect that the age disparities between the defendant and the fillers were not so apparent as to "orient the viewer toward the defendant as a perpetrator of the crimes charged" ( People v. Jordan, 44 A.D.3d 875, 876, 843 N.Y.S.2d 450 [internal quotation marks omitted]; see People v. Jackson, 98 N.Y.2d 555, 559, 750 N.Y.S.2d 561, 780 N.E.2d 162 ; People v. Alonge, 74 A.D.3d 1354, 1355, 903 N.Y.S.2d 262 ). Accordingly, the hearing court properly declined to suppress the lineup identification evidence.
The defendant's remaining contentions are without merit.
CHAMBERS, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.