Weighing in at 400 pounds, Eric Kenley probably could have been picked out easily in most crowds. But he certainly stood out from four “fillers”—men weighing 115 to 190 pounds less than Mr. Kenley—who joined him in a police lineup, an appellate court has concluded.
A panel of the Appellate Division, First Department, ruled unanimously last week in People v. Kenley, 5469, that Mr. Kenley was entitled to a new trial because his conviction of several robbery charges had been tainted by an “unduly suggestive” lineup in which only Mr. Kenley matched a “key aspect” of the description provided by the three witnesses who viewed the lineup—the robber’s heft.
