People v. Irving
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered January 6, 1993, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s assertions, the lineup was not impermissibly suggestive. There is no requirement that lineup stand-ins be identical in physical characteristics to the defendant. They must only be reasonably similar in appearance (see, People v Harris, 187 AD2d 530). Although some of the stand-ins were…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- Roldan v. ArtuzDistrict Court, S.D. New York · 2000
- People v. BoltAppellate Division of the Supreme Court of the State of New York · 2002