Contrary to the defendant's contention, the hearing court correctly concluded that the lineup from which he was identified was not impermissibly suggestive. There is no requirement that the participants in a lineup be nearly identical in appearance (see, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Despite certain age and weight disparities, the fillers were sufficiently similar to the defendant in appearance that he was not singled out for identification (see, People v. Lopez, 209 A.D.2d 442; People v. Baptiste, 201 A.D.2d 659). The height discrepancies were minimized by the fact that the participants were seated when viewed by the complainant (see, People v. Garcia, 215 A.D.2d 584; People v. Robert, 184 A.D.2d 597). Consequently, that branch of the defendant's omnibus motion which was to suppress the lineup and in-court identification by the complainant was properly denied.
O'Brien, J.P., Santucci, Altman and Friedmann, JJ., concur.