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People v. Sawyer

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1998
253 A.D.2d 501 (N.Y. App. Div. 1998)

Opinion

August 17, 1998

Appeal from the County Court, Nassau County (Cotter, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the photographic array from which the complainant identified the defendant was not unduly suggestive ( see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; see also, People v. Jackson, 211 A.D.2d 644). Although the photograph of the defendant was the most clearly focused of the six photographs which comprised the photographic array, there was nothing distinctive about the depiction of the defendant himself that rendered the array unduly suggestive ( see, People v. Robert, 184 A.D.2d 597; see also, People v. Tedesco, 143 A.D.2d 155), since each of the men depicted had similar facial characteristics and facial hair.

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is unpreserved for appellate review ( see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022).

Miller, J.P., Altman, McGinity and Luciano, JJ., concur.


Summaries of

People v. Sawyer

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1998
253 A.D.2d 501 (N.Y. App. Div. 1998)
Case details for

People v. Sawyer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Robert Sawyer…

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

Date published: Aug 17, 1998

Citations

253 A.D.2d 501 (N.Y. App. Div. 1998)
677 N.Y.S.2d 799

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