STATE v. CROMEDY


727 A.2d 457 (1999)

158 N.J. 112

STATE of New Jersey, Plaintiff-Respondent, v. McKinley CROMEDY, a/k/a Daddy, Mac, Flavor, Cromedy McKinley, McKinley Andrew Cromedy, MacKay Cromedy, McKinley Cromedy, III and Rehem Cromedy, Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 14, 1999.


Attorney(s) appearing for the Case

Sylvia M. Orenstein, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney).

Simon Louis Rosenbach, Assistant Prosecutor, for plaintiff-respondent (Glenn Berman, Middlesex County Prosecutor, attorney).

Deborah C. Bartolomey, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).


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

This appeal involves a rape and robbery in which a cross-racial identification was made of defendant as the perpetrator seven months after the offenses occurred. The identification of the perpetrator was the critical issue throughout the trial. The trial court denied defendant's request to have the jury instructed concerning the cross-racial nature of the identification. A majority in the Appellate Division agreed...

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