Eric Kenley filed an appeal with the Appellate Division, First Department, after he was convicted of various counts of robbery and sentenced--as a violent felony offender--to 15 years in jail.
Because he was the only one in the lineup who matched the witnesses' description, and even though locating "grossly overweight" people for the lineup might have been difficult, the AD1 still found the weight disparity between Kenley and that of the rest of the lineup participants significant enough, that it sent the case back for a new trial. (The AD1 thought that some sort of "covering" should have been used to conceal the participants' weight differentials.)
Guess who ate that up?
To view a copy of the Appellate Division's decision, please use this link: People v. Kenley