People v. Cunningham

In People v. Cunningham (2001) 25 Cal.4th 926, an eyewitness described a robber to police as having glasses and a beard and wearing a suit. (Id. at p. 960; see also id. at p. 958.) The California Supreme Court held that a photo lineup shown to that eyewitness was not unduly suggestive, even though in it, the defendant was the only person with glasses and a beard wearing a suit: "All six men are wearing glasses; at least one of the other men is dressed in a three-piece suit, and another is wearing a suit jacket. All of the men have a mustache and some have other facial hair. Several have a hairstyle similar to that of defendant. Defendant was not the tallest, shortest, oldest, or youngest of the participants. His photograph was similar to that of the others. " (Id. at p. 990.)