STATE v. LAZO

A-14 September Term 2010, 066199

34 A.3d 1233 (2012)

209 N.J. 9

STATE of New Jersey, Plaintiff-Respondent, v. Danny LAZO, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 1, 2012.


Attorney(s) appearing for the Case

Ruth Bove Carlucci , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Ms. Carlucci and Ernest Anemone on the briefs).

Maria I. Guerrero , Special Deputy Attorney General/Assistant Essex County Prosecutor, argued the cause for respondent ( Carolyn A. Murray , Acting Essex County Prosecutor, attorney).

Lawrence S. Lustberg argued the cause on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons P.C., attorneys; Mr. Lustberg and Eileen M. Connor , Newark, on the brief).

Deborah C. Bartolomey , Deputy Attorney General, argued the cause on behalf of amicus curiae Attorney General of New Jersey ( Paula T. Dow , Attorney General, attorney).


Chief Justice RABNER delivered the opinion of the Court.

In this case, we consider whether it was proper for a police officer to testify at trial about how and why he assembled a photo array. Although the officer had no personal knowledge of the crime committed, he told the jury that he believed defendant closely resembled a composite sketch of the assailant and therefore included a photo of defendant in the array. The officer showed the array to the robbery victim...

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