The court properly found that the lineup procedures herein were not unduly suggestive. A review of the relevant lineup photographs confirms the court's determination that, with all participants seated, differences in height and weight between defendant and the fillers were appropriately minimized and that, in all other respects, the participants were sufficiently similar in appearance so that there was no substantial likelihood that defendant would be singled out for identification (see, People v. Tyler, 199 A.D.2d 102, lv denied 89 N.Y.2d 931).
The court properly discharged a sworn juror, pursuant to CPL 270.15(3), based upon the juror's statement that he would abandon his obligations as a juror in favor of personal concerns brought to the attention of the court after the juror had been sworn (see, People v. O'Kane, 224 A.D.2d 182, lv denied 88 N.Y.2d 939).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.