STATE v. GUNTER


231 N.J. Super. 34 (1989)

554 A.2d 1356

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARLO GUNTER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1989.


Attorney(s) appearing for the Case

Willard E. Byer, Jr., Designated Attorney, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General, attorney).

Before Judges PRESSLER, SCALERA and STERN.


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

The significant issue raised by this appeal is the admissibility under Evid.R. 56(2) of expert testimony by a psychologist explaining in general terms the factors which affect the reliability of eyewitness identification. Although this question has been considered within the last several years by a number of state and federal courts, it has not yet been addressed in this jurisdiction in a reported...

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