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People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1993
191 A.D.2d 646 (N.Y. App. Div. 1993)

Opinion

March 22, 1993

Appeal from the Supreme Court, Queens County (Savarese, J.).


Ordered that the judgment is affirmed.

The defendant contends that the lineup identification was unduly suggestive because he was the heaviest of the participants. We find that, viewing the totality of the circumstances surrounding the lineup identification, and considering that all of the participants were seated during the viewing which effectively concealed any weight disparity, the lineup was not impermissibly suggestive (see, People v Lundquist, 151 A.D.2d 505; People v. Jackson, 151 A.D.2d 694).

We find no merit to the defendant's remaining contention. Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1993
191 A.D.2d 646 (N.Y. App. Div. 1993)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE JOSEPH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1993

Citations

191 A.D.2d 646 (N.Y. App. Div. 1993)
595 N.Y.S.2d 116

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