The invention comprises a method and apparatus for sampling optical pathways having a common tissue depth, such as a maximum mean depth of penetration in the dermis, with a common sample position of a person for analysis in a noninvasive analyte property determination system, comprising the steps of: probing skin with a range of illumination zone-to-detection zone distances with at least two wavelength ranges and detecting, using a set of detectors, illumination zone-to-detection zone distances having mean optical pathways probing the common tissue layer, such as without the mean optical pathways entering the subcutaneous fat layer of the person. Optionally, the skin tissue layers are modulated and/or treated via tissue displacement before and/or during data collection. Optionally, given illumination zone-to-detection zone distances are dynamically selected based upon a measure of state of the skin of the person.