STATE v. JAMES


144 N.J. 538 (1996)

677 A.2d 734

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

The Supreme Court of New Jersey.

Decided June 20, 1996.


Attorney(s) appearing for the Case

Steven M. Gilson, Designated Counsel, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney).

Terry S. Bogorad, Assistant Prosecutor, argued the cause for respondent (Ronald S. Fava, Passaic County Prosecutor, attorney).


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

This appeal concerns the scope of defendant's Sixth Amendment right to confront a witness and defendant's Fifth Amendment due process right to prohibit the introduction into evidence of an identification that resulted from impermissibly suggestive police procedures. Specifically, the issue is whether the trial court erred in ruling that defendant would waive his objection to the victim's suppressed identification...

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