People v. Rubeo

*486Based upon a review of the record, including the photographs of the defendant’s lineup, we find that the facts adduced at the hearing clearly demonstrate that the lineup was not impermissibly suggestive (see, Stovall v Denno, 388 US 293; People v Jefferson, 139 AD2d 531). Further, contrary to the defendant’s contentions, the uncontroverted hearing evidence establishes that the witnesses were separated upon their arrival at the station house, were not informed that a lineup was to be conducted until after their arrival, and remained separated until each had viewed the lineup. Thus, that branch…