Opinion
3262.
Decided March 30, 2004.
Judgment, Supreme Court, New York County (Bruce Allen, J. at hearing; Ronald Zweibel, J. at plea and sentence), rendered November 1, 2002, convicting defendant of burglary in the first and second degrees, and sentencing him to an aggregate term of 8 years, unanimously affirmed.
Melissa B. Marrus, for Respondent.
Robin Nichinsky, for Defendant-Appellant.
Before: Buckley, P.J., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ.
The court properly denied defendant's motion to suppress identification testimony and statements. In both the photo array and the lineup, all the participants matched the description provided by the victim, and there was no readily apparent difference between defendant's appearance and that of the other persons that would cause him to be singled out for identification ( see People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). There was nothing unduly suggestive about having the victim view defendant in a lineup after she had already selected his photograph from an array ( People v. Cobb, 294 A.D.2d 199, lv denied 98 N.Y.2d 695). Finally, there was no evidence that defendant was under the influence of drugs to such a degree that it impaired the voluntariness of his statement ( see People v. Williams, 62 N.Y.2d 285; People v. Schompert, 19 N.Y.2d 300, cert denied 389 U.S. 874).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.