People v. Harris

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 13, 1987, convicting him of robbery in the first 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 record of the defendant’s Wade hearing demonstrates that there were obvious differences in height and age between the defendant and the other individuals used by the police at the lineup procedure…