Legal Opinion

People v. Irving

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1998PublishedCited by 2 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. Roldan v. ArtuzDistrict Court, S.D. New York · 2000
  2. People v. BoltAppellate Division of the Supreme Court of the State of New York · 2002

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