3rd Dept: photo array that "depicted [the bearded] defendant alongside five males whose facial hair appeared to be drawn in" NOT unduly suggestive

People v Colon, __ AD3d __ [available here]

The defendant in Colon sported "unusual facial hair." (People v Colon, __ AD 3d __, __ [3d Dept 2005].) So when it came time to construct a photographic array, the police put defendant's photo "alongside five males whose facial hair appeared to be drawn in." (Id.) The Third Department refused to find the array unduly suggestive, despite agreeing that "certain of the photographs could have been better altered." (Id. at __.) No word yet on whether budding police Rembrandts can legally pencil in black eyes, devil horns or cheek scars.

Sample photo array: