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STATE v. HENDERSON

937 A.2d 988 (2008)

397 N.J. Super. 398

STATE of New Jersey, Plaintiff-Respondent, v. Larry R. HENDERSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2008.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Robert Carter Pierce, Designated Counsel, on the brief).

Joshua M. Ottenberg, Special Deputy Attorney General, Acting Camden County Prosecutor, attorney for respondent (Laurie A. Corson, Special Deputy Attorney General, Acting Assistant Prosecutor, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges STERN, C.S. FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider, among other things, the trial judge's denial of defendant's motion to suppress an out-of-court identification. Because the Attorney General's "Guidelines for Preparing and Conducting Photo and Live Lineup Identification Procedures" (the Guidelines)1 were materially breached by the investigating officers' intrusion into an eyewitness's examination...

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