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PEOPLE v. BALLINGER

62 A.D.3d 895 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY BALLINGER, Appellant.

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

May 19, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record supports the hearing court's conclusion that the pretrial lineup was not unduly suggestive. "There is no requirement that a defendant in a lineup be surrounded by persons who are nearly identical in appearance" (People v Nieves, 183 A.D.2d 854, 856 [1992]; see People v Chipp, 75 N.Y.2d 327,...

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