Defendant, then age 20, was convicted, after bench trial, of attempted 1st degree murder, and sentenced to 31 years. Court did not err in denying Defendant's motion to suppress the physical lineup and the 2nd photo array on the ground that they were unduly suggestive. There was no law in effect at the time requiring 6 photos in an array; the fillers were chosen to resemble Defendant, and they do; and 2 of the photos occupy a central position. Although Defendant was the only one in the lineup who was also in the photo array, that alone does not render lineup unduly suggestive. Officer testified that all persons in lineup were in police custody at the time. Lineup was not unduly suggestive. (REYES, concurring; LAMPKIN, specially concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress