AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE, etc., respondent, v. NIKOLAS CHANDRAS, appellant. (Ind. No. 4473/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court did not err in denying that branch of the defendant's omnibus motion which was to suppress identification testimony. While lineup participants should have the same general physical characteristics as those of the suspect, there is no requirement that a defendant be surrounded by individuals nearly identical in appearance to him (see, People v. Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833 ; People v. Rodriguez, 64 N.Y.2d 738, 740-741 ; People v. Folk, 233 A.D.2d 462 ; People v. Christenson, 188 A.D.2d 659 ). Since the lineup participants were similar to the defendant in age, weight, and attire, their minor variations in complexion did not render the lineup impermissibly suggestive. In addition, minor height differentials were minimized by seating the participants during the lineup.

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).

The defendant's remaining contentions are without merit.

THOMPSON, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. CHANDRAS
(Dec 20, 1999)