People v. Spence
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the defendant’s contention, the pretrial lineup identification was not unduly suggestive (see People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]). The photographs taken of the lineup reflect that the slight differences in skin tone between the defendant and the fillers were not so apparent as to orient the viewer toward the defendant as the perpetrator of the crimes charged (id.; see People v Alonge, 74 AD3d 1354 [2010]). “Skin tone is only one of the factors to be considered in deciding ‘reasonable similarity,’ and differences in skin tone alone will not…
2Cases cited12 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AshwalNew York Court of Appeals · 1976
- People v. ChippNew York Court of Appeals · 1990
- People v. LovelloNew York Court of Appeals · 1956
- People v. VillacresesAppellate Division of the Supreme Court of the State of New York · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. ForbesAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ReavesAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ReddAppellate Division of the Supreme Court of the State of New York · 2016
- People v. RowleyAppellate Division of the Supreme Court of the State of New York · 2015
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