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PEOPLE v. SOLIVAN

5476, 5110/13.

157 A.D.3d 554 (2018)

66 N.Y.S.3d 879

2018 NY Slip Op 00334

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SOLIVAN, Appellant.

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

Decided January 18, 2018.

The record supports the court's finding that a photo array was not unduly suggestive. Defendant and the other participants were reasonably similar in appearance (see People v Chipp, 75 N.Y.2d 327, 335 [1990], cert denied 498 U.S. 833 [1990]), and the differences between defendant's photo and the other photos were not sufficient to create a substantial likelihood that defendant would be singled out for identification (id...

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