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PEOPLE v. STALLINGS

54 A.D.3d 1064 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC STALLINGS, Appellant.

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

September 30, 2008.

Ordered that the judgment is affirmed.

The hearing court properly declined to suppress the complainant's identification testimony. Contrary to the defendant's contention, the photo array that was shown to the complainant was not unduly suggestive, as the individuals in the photo array were sufficiently similar in appearance to him (see People v Lee, 96 N.Y.2d 157, 163 [2001]; People v Mitchell, 47...

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