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STATE v. JANOWSKI

866 A.2d 229 (2005)

375 N.J. Super. 1

STATE of New Jersey, Plaintiff-Appellant, v. Michael JANOWSKI, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 2005.

Attorney(s) appearing for the Case

Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for appellant (Matthew Regulski, Assistant Prosecutor, of counsel and on the brief).

Lewis, Wood & Brown, Trenton, attorneys for respondent (Thomas E. Brown, on the brief).

Before Judges CONLEY, BRAITHWAITE and WINKELSTEIN.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

The State appeals, by leave granted, from an order suppressing the out-of-court photographic identification of defendant Michael Janowski because the set of computerized photographs from which defendant was identified by the victim was not preserved and recorded. The State contends that the motion judge erroneously interpreted existing law and that the automatic

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