Legal Opinion
People v. Bryan
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1996PublishedCited by 5 opinions
1Opinion of the Court
The fill-ins selected for defendant’s lineup were not so dissimilar in appearance to defendant as to make her stand out (see, People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833). Although three of the four fill-ins, ages 42, 45 and 47, were older than defendant, who was 36 at the time, and only one was her age, all appeared to be roughly the same age, and, indeed, the complainant had described the assailant to the police as "in her forties” (see, People v Gonzalez, 173 AD2d 48, 56-57, lv denied 79 NY2d 1001). The minor height and weight differentials were minimized by having the…
2Cases cited4 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GegaAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TylerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- Roldan v. ArtuzDistrict Court, S.D. New York · 2000
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HindsAppellate Division of the Supreme Court of the State of New York · 2001
- People v. PuckettAppellate Division of the Supreme Court of the State of New York · 1999