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People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 736 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Queens County (Rotker, J.)


Ordered that the judgment is affirmed.

The hearing court did not improvidently exercise its discretion in limiting defense counsel's cross-examination of the detectives regarding certain physical characteristics of the lineup participants ( see, Delaware v. Van Arsdall, 475 U.S. 673; People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833). The characteristics at issue were readily discernible from a photograph of the lineup that was before the court ( see, e.g., People v. Mattocks, 133 A.D.2d 89). Because the lineup procedure was not otherwise unduly suggestive, the court did not err in denying suppression of identification testimony ( see, People v. Chipp, supra). Rosenblatt, J.P., Ritter, Krausman and Florio, JJ., concur.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 736 (N.Y. App. Div. 1997)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS REYES, Appellant

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 736 (N.Y. App. Div. 1997)
665 N.Y.S.2d 307