PEOPLE v. WALKER

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Vernon WALKER, Defendant-Appellant.

Decided: June 30, 2005

ANDRIAS, J.P., MARLOW, SULLIVAN, ELLERIN, NARDELLI, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Tracy Siligmueller of counsel), for respondent.

Judgments, Supreme Court, Bronx County (Denis J. Boyle, J. at hearing;  Martin Marcus, J. at trial, plea and sentence), rendered December 9, 2002, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and, upon his guilty plea, of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 14 1/212 years, 14 1/212 years and 15 years, respectively, unanimously affirmed.

The court properly denied defendant's suppression motion.   The lineup photograph establishes that all the participants were similar in appearance and that the age difference between defendant and the others was not noticeable, so that there was no substantial likelihood that defendant would be singled out for identification (see People v. Chipp, 75 N.Y.2d 327, 335-336, 553 N.Y.S.2d 72, 552 N.E.2d 608 [1990], cert. denied 498 U.S. 833, 111 S.Ct. 99, 112 L.Ed.2d 70 [1990] ).

We perceive no basis for reducing the sentence.