Must Defendant in a New York Lineup Be Surrounded by People Nearly Identical in Appearance ?
In People v. Chipp, 75 NY2d 327, 335, 552 NE2d 608, 553 NYS2d 72 (1990), cert. denied, 498 U.S. 833, 111 S. Ct. 99, 112 L. Ed. 2d 70, (1990), the Court of Appeals held that "there is no requirement, however, that a defendant in a lineup be surrounded by people nearly identical in appearance." Id. at 336.
The Court further held that "the difference in skin tone of three of the fill-ins, when considered together with the similarity of age, height and body type of all the fill-ins was not sufficient to create a substantial likelihood that the defendant would be singled out for identification." Id.
The standard established in Chipp applies to photographic arrays.