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PEOPLE v. MELENDEZ

282 A.D.2d 409 (2001)

723 N.Y.S.2d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MELENDEZ, Appellant.

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

Decided April 26, 2001.

Defendant's suppression motion was properly denied. The photograph of the lineup reveals that the fillers were sufficiently similar to defendant and that there was no substantial likelihood that defendant would be singled out (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833).

The procedure under which defendant was sentenced as a persistent violent felony offender was not unconstitutional (People...

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