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The People, etc., respondent, v. Bernard Brabham, appellant. (Ind. No. 2311/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The complainant identified the defendant in a lineup as her assailant. Contrary to the defendant's contention, the photographs of the lineup were not so unclear as to prevent the hearing court from determining whether it was impermissibly suggestive. The defendant and the five fillers appear to be of similar age, weight, and build, and had the same hairstyle, facial hair, and skin tone (see, People v. Cintron, 226 A.D.2d 390 ; People v. Veeney, 215 A.D.2d 605 ).

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PEOPLE v. BRABHAM
(Apr 24, 2000)