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STATE v. WALLS

138 N.J. Super. 445 (1976)

351 A.2d 379

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JAMES WALLS, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Ms. Randall W. Westreich, Assistant Deputy Public Defender, argued the cause on behalf of appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Timothy N. Tuttle, Assistant Prosecutor, argued the cause on behalf of respondent (Mr. Joseph C. Woodcock, Jr., Bergen County Prosecutor, attorney; Mr. Eugene Callahan, Assistant Prosecutor, on the brief).

Before Judges HALPERN, CRANE and MICHELS.

The opinion of the court was delivered by CRANE, J.A.D.

Defendant was indicted for attempting to break and enter with intent to steal. Before trial he moved to compel the State to conduct a lineup. The trial judge denied defendant's specific request, but ordered the State to

* * * conduct a line up during the trial of James Walls on Indictment S0062-75 in the presence of the jury. James Walls shall be a subject in the line up along with six to nine other parties...

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