From Casetext: Smarter Legal Research

People v. Bryan

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1996
228 A.D.2d 244 (N.Y. App. Div. 1996)

Opinion

June 11, 1996

Appeal from the Supreme Court, New York County (Marcy Kahn, J.).


The fill-ins selected for defendant's lineup were not so dissimilar in appearance to defendant as to make her stand out ( see, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Although three of the four fill-ins, ages 42, 45 and 47, were older than defendant, who was 36 at the time, and only one was her age, all appeared to be roughly the same age, and, indeed, the complainant had described the assailant to the police as "in her forties" ( see, People v. Gonzalez, 173 A.D.2d 48, 56-57, lv denied 79 N.Y.2d 1001). The minor height and weight differentials were minimized by having the participants sit ( see, People v. Tyler, 199 A.D.2d 102, lv denied 82 N.Y.2d 931). And, although the fill-ins' hairstyles differed from defendant's, that fact is not significant where the complainant had merely described the robber's hair as "short", and defendant's hairstyle was not particularly uncommon or unusual ( see, People v. Gega, 188 A.D.2d 305, 306, lv denied 81 N.Y.2d 886).

Concur — Milonas, J.P., Rosenberger, Wallach, Ross and Tom, JJ.


Summaries of

People v. Bryan

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1996
228 A.D.2d 244 (N.Y. App. Div. 1996)
Case details for

People v. Bryan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SABRINA BRYAN…

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

Date published: Jun 11, 1996

Citations

228 A.D.2d 244 (N.Y. App. Div. 1996)
644 N.Y.S.2d 25

Citing Cases

Roldan v. Artuz

proximately the same age, height, weight and coloring"); People v. Poey, 260 A.D.2d 411, 689 N.Y.S.2d 509,…

People v. Washington

Rather, "the fillers in a lineup need only be reasonably similar to the defendant in appearance" ( People v…