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STATE v. GREEN

312 N.J. Super. 456 (1998)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DELBERT GREEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Linda Mehling, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Mr. Mehling, of counsel and on the brief).

Barbara A. Rosenkrans, Special Deputy Attorney General, argued the cause for respondent (Patricia A. Hurt, Essex County Prosecutor, attorney; Ms. Rosenkrans, of counsel and on the brief).

Before Judges PRESSLER, CONLEY and CARCHMAN.

The opinion of the court was delivered by CARCHMAN, J.S.C. (temporarily assigned).

This case again raises the issue of the necessity of providing the jury with a special charge on identification where the critical issue in dispute is the identification of defendant, and defendant requests such charge. After a trial resulting in a hung jury, defendant Delbert Green was again tried and convicted of first degree armed...

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