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STATE v. FOY

146 N.J. Super. 378 (1976)

369 A.2d 995

STATE OF NEW JERSEY, PLAINTIFF, v. ANDREW FOY, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided October 15, 1976.

Attorney(s) appearing for the Case

Mr. John J. Trombadore, First Assistant Deputy Public Defender, for defendant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Mr. Leonard N. Arnold, First Assistant Prosecutor, for the State of New Jersey (Mr. Stephen R. Champi, Somerset County Prosecutor, attorney).

MEREDITH, J.S.C.

This matter presents the important issue concerning the scope of the state prosecutor's power to compel an individual who has been arrested to appear in a lineup for other unrelated crimes. Andrew Foy and Zachery Foy were arrested on September 23, 1976 and charged with the armed robbery of Krauszer's Dairy Store in Franklin Township, New Jersey. While they were in jail on this charge the prosecutor attempted to hold a lineup where victims of five...

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