People v. Miller

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered August 9, 1991, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The defendant argues, inter alia, that both the lineup and the in-court identification should have been suppressed because three of the lineup fillers had skin tones significantly darker than his.…