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eBook details

Title: People v. Scott Lundquist
Author : Supreme Court of New York
Release Date : January 05, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

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[151 A.D.2d 505 Page 506] DECISION & ORDER Considering as we must, the totality of circumstances surrounding the lineup identification (see,
People v Green 143 A.D.2d 768; People v Rodriguez, 124 A.D.2d 611), we find that the lineup was not impermissibly suggestive.
The fillers in the lineup were sufficiently similar in appearance to the defendant so that no characteristic or visual clue
would have oriented the viewer toward the defendant as a perpetrator of the crimes charged (see, e.g., People v Nurse, 142
A.D.2d 738; People v Mason, 123 A.D.2d 720, lv denied 69 N.Y.2d 714). The law does not require that lineup fillers possess
physical characteristics identical to those of the defendant but only that the fillers possess reasonably similar characteristics
(see, e.g., People v Stephens, 143 A.D.2d 692; People v Fisher, 143 A.D.2d 1037).

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