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PEOPLE v. BRIGGS

285 A.D.2d 514 (2001)

728 N.Y.S.2d 486

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD BRIGGS, Appellant.

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

Decided July 9, 2001.

Ordered that the judgment is affirmed.

The defendant's contention that the lineup was unduly suggestive because the police failed to correct for height and hairstyle differences is without merit. While due process requires that pretrial identification procedures be fair, there is no requirement that the defendant must be surrounded by fillers who have identical physical characteristics (see, People v Gelzer, 224 A.D.2d 443

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