Opinion
November 4, 1993
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Defendant's contention that the line-up was unduly suggestive because he was the only person with a goatee is without merit because his facial hair was not a characteristic emphasized by the two eyewitnesses (see, People v Williams, 182 A.D.2d 568, 569, lv denied 80 N.Y.2d 935). Moreover, four of the stand-ins, all of whom looked similar to defendant in terms of skin tone and texture as well as hair color, had facial hair. Both of the identification witnesses unhesitatingly testified at trial that the defendant was the man they had seen on the night of the crime. Lastly, we note that the defendant gave a written inculpatory statement, which he later repeated on videotape.
Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Kassal, JJ.