AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINDELL GALLANT, Appellant.

Ordered that the judgment is affirmed.

The defendant claims that the lineup at which he was identified by the victim was unduly suggestive because 3 of the 4 fillers had mustaches and he was never described by the victim as having a mustache. Under the totality of the circumstances, we conclude that the lineup was not unduly suggestive (see, Stovall v Denno, 388 U.S. 293). There is no requirement that a defendant in a lineup must be surrounded by persons nearly identical to him in appearance (see, People v Mattocks, 133 A.D.2d 89, 90; People v Rodriguez, 124 A.D.2d 611, 612). The fillers in the defendant's lineup were of the defendant's age with similar complexions and haircuts. The lineup was not rendered suggestive merely because three of these men sported light mustaches.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

We have examined the defendant's other contentions and find them to be without merit (see, County Ct. v Allen, 442 U.S. 140, 155-163; People v McKenzie, 67 N.Y.2d 695, 696-697; cf., People v Crenshaw, 202 Misc. 179, 183). Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. GALLANT
(May 15, 1989)