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PEOPLE v. JOSEPH

Appellate Division of the Supreme Court of New York, Second Department.
Mar 22, 1993

Ordered that the judgment is affirmed.

The defendant contends that the lineup identification was unduly suggestive because he was the heaviest of the participants. We find that, viewing the totality of the circumstances surrounding the lineup identification, and considering that all of the participants were seated during the viewing which effectively concealed any weight disparity, the lineup was not impermissibly suggestive (see, People v Lundquist, 151 A.D.2d 505; People v. Jackson, 151 A.D.2d 694).

We find no merit to the defendant's remaining contention. Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.