After he was convicted of robbery, attempted robbery, and coercion, all in the first degree, Toyin Alonge challenged the outcome of the case and claimed his lineup identification had been "unduly suggestive."
Even though there were gaps in the lineup participants' ages, the Appellate Division, Second Department, didn't think that made a difference--particularly since all the guys wore the same bandannas and only their eyes and foreheads had been exposed.
Does not the eyes hold the soul?
To view a copy of the Appellate Division's decision, please use the following link: People v. Alonge