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STATE v. SCHWEITZER

171 N.J. Super. 82 (1979)

407 A.2d 1276

THE STATE OF NEW JERSEY, PLAINTIFF, v. MARK SCHWEITZER, DEFENDANT.

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

Decided August 10, 1979.

Attorney(s) appearing for the Case

Ms. Elaine Zamula, Assistant Prosecutor, for the State (Mr. Alexander Lehrer, Monmouth County Prosecutor, attorney).

Mr. Timothy E. Whitney, Assistant Public Defender, for defendant (Mr. William J. Gearty, Deputy Public Defender for Monmouth County, attorney).

McGANN, J.S.C.

This matter was decided on August 10, 1979 with the reasons for the decision being placed orally on the record. The issue is rather novel. Because of that, counsel were advised that this formal opinion would be filed subsequently.

The State moves for an order to compel Mark Schweitzer to participate in a line-up. He has not been arrested; no formal charge has been brought against him. On July 8, 1978 one Peter Leone was the subject of a vicious...

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