People v. Kenley

A defendant is not entitled to a lineup in which the fillers are “nearly identical” to him (People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]). However, a lineup is unduly suggestive when only the defendant matches a key aspect of the description of the perpetrator provided by a witness or witnesses (see Foster v California, 394 US 440, 441-443 [1969]; People v Owens, 74 NY2d 677, 678 [1989]).

Defendant was charged with two robberies that occurred on the same morning. The witnesses to the robberies described the driver of the getaway car, respectively, as “a huge, big,…