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PEOPLE v. NOLAN

277 A.D.2d 400 (2000)

717 N.Y.S.2d 193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NOLAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 20, 2000.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress testimony regarding the complainant's lineup identification. There is no requirement that a defendant be surrounded by individuals nearly identical to him in appearance (see, People v Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833; People v...

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