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PEOPLE v. CARMONA

8115. 1348/09.

168 A.D.3d 499 (2019)

91 N.Y.S.3d 88

2019 NY Slip Op 00240

The People of the State of New York, Respondent, v. Diego Carmona, Appellant.

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

Decided January 15, 2019.

The record supports the suppression court's determination that the lineup procedure was not unduly suggestive (see generally People v Chipp, 75 N.Y.2d 327, 336 [1990], cert denied 498 U.S. 833 [1990]). Our review of photographs of the lineup reveals that the difference in ethnicity between defendant and the fillers was not reflected in their actual appearances, and that there was no significant disparity in appearances that...

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