People v. Rodriguez

254 A.D.2d 211, 679 N.Y.S.2d 572, 1998 N.Y. App. Div. LEXIS 11396

Opinion

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered November 17, 1995, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

A review of the lineup photograph and testimony at the Wade hearing supports the hearing court’s conclusion that there was no suggestiveness in the conduct of the lineup (see, People v Chipp, 75 NY2d 327, 336, cert denied 498 US 833; People v Figueroa, 204 AD2d 103, lv denied 83 NY2d 967). Any difference between defendant and the other participants was not so pronounced as to single defendant out. Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.