Opinion
October 31, 1994
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, an examination of the totality of the circumstances surrounding his inculpatory statement (see, People v. Anderson, 42 N.Y.2d 35) indicates that he was advised of, and waived, his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436) on more than one occasion. There was no evidence that the police officers threatened or pressured the defendant. He declined offers of food, was alert at the time he gave his written confession, and never asked to speak to counsel. At all times, he indicated his willingness to talk. The fact that the interrogation continued for 10 hours, without more, does not render the confession inadmissible (see, People v Tarsia, 50 N.Y.2d 1). Accordingly, his statement was properly admitted into evidence.
Moreover, there is no requirement that a defendant in a lineup be accompanied by individuals nearly identical in appearance (see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; see also, People v. Brito, 179 A.D.2d 666). The record indicates that others in the lineup had similar skin coloring, some were nearly the same height as the defendant, and there was no evidence that the witnesses focused on the defendant's blue jeans as the factor which induced their choice (see, People v Hamilton, 186 A.D.2d 581; People v. Chalmers, 163 A.D.2d 528).
We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Mangano, P.J., Thompson, Sullivan and Miller, JJ., concur.