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STATE, IN INTEREST OF W.C.

85 N.J. 218 (1981)

426 A.2d 50

STATE OF NEW JERSEY IN THE INTEREST OF W.C., A JUVENILE. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAMUEL WALLS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 26, 1981.

Attorney(s) appearing for the Case

Lawrence H. Posner, Assistant Prosecutor, argued the cause for appellant State of New Jersey (A-125) (James T. O'Halloran, Hudson County Prosecutor, attorney).

Michael H. Prindaville, Assistant Prosecutor, argued the cause for appellant (A-126) (James T. O'Halloran, Hudson County Prosecutor, attorney).

Allan J. Nodes, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Degnan, Attorney General of New Jersey, attorney).

William O. Perkins, Jr. argued the cause for respondent W.C. (Perkins & Cassidy, attorneys).

Maurice J. Frager argued the cause for respondent Samuel Walls (Maurice J. Frager, attorney; Christopher C. Castens, on brief).

James K. Smith, Jr., Deputy Public Defender, argued the case for amicus curiae Public Defender (Stanley C. Van Ness, Public Defender, attorney; James K. Smith, Jr. and James Daniels, Assistant Deputy Public Defender, of counsel and on brief).

The opinion of the Court was delivered by SCHREIBER, J.

These two appeals raise the same principal issues of whether a defendant in a criminal proceeding may be entitled to a pretrial identification lineup, and, if so, under what circumstances. Both cases come to us before trial.

In State v. Walls, the defendant moved to compel the prosecutor to arrange a lineup to be viewed by the victim of the crime. After the trial court granted defendant's motion...

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