People v Lopez

People v Lopez 2008 NY Slip Op 00067 [47 AD3d 431] January 8, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 12, 2008

The People of the State of New York, Respondent,
v
William Lopez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Lauren Springer of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Leeanne S. Neri of counsel), for respondent.

Judgments, Supreme Court, New York County (Robert H. Straus, J.), rendered February 24, 2005, convicting defendant, upon his pleas of guilty, of two counts of grand larceny in the fourth degree, and sentencing him, as second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion. The record supports the court's findings that the photo array and lineup were not unduly suggestive. In each instance, defendant and the other participants were reasonably similar in appearance, and any difference was not sufficient to create a substantial likelihood that defendant would be singled out for identification (see People v Chipp, 75 NY2d 327, 336 [1990], cert denied 498 US 833 [1990]).

We perceive no basis for reducing the sentence. Concur—Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and McGuire, JJ.