People v. Tyler

Judgment, Supreme Court, New York County (Richard Failla, J., at suppression hearing; Robert Haft, J., at plea and sentencing), rendered May 30, 1990, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 4 to 8 years, unanimously affirmed.

There is no requirement that a defendant in a lineup be surrounded by people nearly identical in appearance (People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833). Based on the record and our examination of the photographs of the lineups, we find…