People v. Biesty

Appellate Division of the Supreme Court of New York

People v. Biesty

228 A.D.2d 608, 644 N.Y.2d 898, 644 N.Y.S.2d 898, 1996 N.Y. App. Div. LEXIS 7216

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 1996

StatusPublished

Cited by2 cases

This text of 228 A.D.2d 608 (People v. Biesty) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Biesty, 228 A.D.2d 608, 644 N.Y.2d 898, 644 N.Y.S.2d 898, 1996 N.Y. App. Div. LEXIS 7216 (N.Y. Ct. App. 1996).

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Opinion

We reject the defendant’s contention that the photographic array was unduly suggestive. "There is no requirement that all the participants in a * * * photo array be identical in appearance” (Matter of Raymond A., 178 AD2d 288, 289; see also, People v Chipp, 75 NY2d 327, cert denied 498 US 833; People v Hoehne, 203 AD2d 480). In any event, the photographic array from which the witnesses selected the defendant consisted of males who were similar in appearance and age to the defen[609]*609dant (see, People v Landor, 92 AD2d 625). The record further establishes that none of the other procedures used in connection with the identification of the defendant were improper.

The defendant’s remaining contentions are without merit. Thompson, J. P., Santucci, Joy and Altman, JJ., concur.

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We reject the defendant’s contention that the photographic array was unduly suggestive. "There is no requirement that all the participants in a * * * photo array be identical in appearance” (Matter of Raymond A., 178 AD2d 288, 289; see also, People v Chipp, 75 NY2d 327, cert denied 498 US 833; People v Hoehne, 203 AD2d 480). In any event, the photographic array from which the witnesses selected the defendant consisted of males who were similar in appearance and age to the defen[609]*609dant (see, People v Landor, 92 AD2d 625). The record further establishes that none of the other procedures used in connection with the identification of the defendant were improper.

The defendant’s remaining contentions are without merit. Thompson, J. P., Santucci, Joy and Altman, JJ., concur.

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Bluebook (online)

228 A.D.2d 608, 644 N.Y.2d 898, 644 N.Y.S.2d 898, 1996 N.Y. App. Div. LEXIS 7216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-biesty-nyappdiv-1996.

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