People v. Mitchell

Jan 29, 2008
Versions:47 A.D.3d 951
849 N.Y.S.2d 445

Ordered that the judgment is affirmed.

The hearing court properly declinеd to supрress the complainant‘s identification testimony. Contrary to the dеfendant‘s сontentions, the phоto array that ‍​​‌​​​‌‌​‌​‌​‌‌‌​​‌‌​‌​‌​‌​​‌​‌‌​​​​​‌‌​​​​​‌‌​‌‍was shown to the complainant was not unduly suggestive, as the individuals in the photo array were sufficiently similar in appearance to the defendant (see People v Lee, 96 NY2d 157, 163 [2001]; People v Wright, 297 AD2d 391 [2002]; People v Guzman, 220 AD2d 614 [1995]; People v Hoehne, 203 AD2d 480 [1994]; People v Robert, 184 AD2d 597 [1992]). Mastro, J.P., Fisher, Carni and McCarthy, JJ., concur.