PEOPLE v. BLAS

The hearing court properly denied suppression of the lineup identifications. A review of the lineup photos establishes that the lineup participants possessed the same general physical characteristics as those of defendant and that defendant's barely noticeable facial scar did not render the lineup unduly suggestive (see, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833; People v. Nolan, A.D.2d , 717 N.Y.S.2d 193). Furthermore, after observing defendant in the courtroom at the same distance at which the lineup was viewed by the witnesses, the court noted that the scar was indiscernible at that distance.

The record establishes that defendant waived his right to be present at sidebar conferences during jury selection and refutes the claims made in his pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.