From Casetext: Smarter Legal Research

People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 686 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

Appeal from the Supreme Court, Kings County (Brill, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court did not err in failing to suppress the lineup identification testimony. While lineup participants should have the same general physical characteristics as those of the suspect, there is no requirement that a defendant in a lineup be surrounded by individuals nearly identical in appearance ( see, People v. Rotunno, 159 A.D.2d 601; People v. Diaz, 138 A.D.2d 728; People v. Mattocks, 133 A.D.2d 89; see also, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833). Since the lineup participants in this case were similar to the defendant in age, skin tone, and attire, their weight and any minor variations in their appearance did not render the lineup impermissibly suggestive or conducive to irreparable mistaken identification ( see, People v. Folk, 233 A.D.2d 462). Moreover, any significant discrepancies in weight and height were eliminated by having the participants in the lineup seated, holding a card with a number in front of them ( see, People v. Joseph, 191 A.D.2d 646; People v. Wiley, 137 A.D.2d 735; People v. Herrara, 219 A.D.2d 511).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

Pizzuto, J. P., Santucci, Altman and Luciano, JJ., concur.


Summaries of

People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 686 (N.Y. App. Div. 1998)
Case details for

People v. Shaw

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAYTOINE SHAW…

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

Date published: Jun 29, 1998

Citations

251 A.D.2d 686 (N.Y. App. Div. 1998)
677 N.Y.S.2d 796

Citing Cases

People v. Rodriguez

People v. Floyd , 173 AD2d 211 (1st Dept.1991), app. denied 78 NY2d 966 (1991) (lineup not rendered…

People v. Richards

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion…