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STATE v. MADISON

109 N.J. 223 (1988)

536 A.2d 254

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES MADISON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Carl D. Poplar argued the cause for appellant (Poplar & Florio, attorneys).

Meredith A. Cote, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).

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

The issue in this appeal is whether the out-of-court photographic identification procedures used by the police were "so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification." Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247, 1253 (1968). The State's case against the defendant-appellant...

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