People v. Stanley

The court properly denied defendant’s motion to suppress identification testimony. After identifying defendant at an otherwise fair lineup, a witness told a detective that defendant *423was wearing clothing taken during the crime. The witness had never given a description of the assailant that included clothing, or described the clothing that had been taken, and when the police arrested defendant more than a week after the crime they were unaware that the clothes he was wearing had any significance. Accordingly, we conclude that the lineup was not unduly suggestive (see People v Carroll, 303 AD2d…