Opinion
May 20, 1997
Appeal from the Supreme Court, New York County (John Bradley, J.).
The hearing court properly concluded that the lineup identification was not suggestive, since an examination of the photographs of the lineup reveals that it constituted a "fair grouping" ( People v. Blackwell, 186 A.D.2d 45, 46, lv denied 81 N.Y.2d 760). Although defendant was thinner than some of the other women in those photographs, the participants appeared to be of similar skin color, age and height and wore similar hairstyles.
Defendant's contention that she was unduly prejudiced by the admission of limited testimony regarding negative photographic identification is without merit, since defense counsel had "`opened the door'" on that matter during his cross-examination of the investigating detective ( People v. Marrero, 156 A.D.2d 141, 142, lv denied 75 N.Y.2d 921).
We have considered defendant's remaining contention and find it does not warrant reversal.
Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.