People v. Mullings
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that a lineup identification was unduly suggestive due to the discrepancy between his age and the ages of the other individuals in the lineup is unpreserved for appellate review (see People v Saunders, 306 AD2d 502, 502-503 [2003]; People v Velez, 222 AD2d 625, 626 [1995]). In any event, “[t]he photographs taken of the lineup reflect that the age disparities between the defendant and the fillers were not so apparent as to orient the viewer toward the defendant as a perpetrator of the crimes charged” (People v Alonge, 74 AD3d 1354, 1355 [2010] [internal quotation…
2Cases cited22 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. AshwalNew York Court of Appeals · 1976
- People v. HalmNew York Court of Appeals · 1993
- People v. RomeroNew York Court of Appeals · 2006
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3Cited by9 opinions
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- People v. ChavezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2017
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