People v. Biesty
Opinion of the Court
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
The defendant’s remaining contentions are without merit. Thompson, J. P., Santucci, Joy and Altman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.