Majority
p. 554The People of the State of New York, Respondent, v Joseph Solivan, Appellant. [66 NYS3d 879]
Judgment, Supreme Court, New York County (Edward J.
p. 555
McLaughlin, J.), rendered September 3, 2014, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.
The record supports the court’s finding that a photo array was not unduly suggestive. Defendant and the other participants were reasonably similar in appearance (see People v Chipp, 75 NY2d 327 , 335 [1990], cert denied 498 US 833 [1990]), and the differences between defendant’s photo and the other photos were not sufficient to create a substantial likelihood that defendant would be singled out for identification (id. at 336; see also People v Foster, 272 AD2d 410 , 410-411 [2d Dept 2000], lv denied 95 NY2d 889 [2000]).
Concur—Acosta, P.J., Sweeny, Gische, Andrias and Gesmer, JJ.
Cases cited
- People v. Chipp 75 NY2d 327 at 335 p. 555