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STATE v. DELGADO

902 A.2d 888 (2006)

188 N.J. 48

STATE of New Jersey, Plaintiff-Respondent, v. Daniel DELGADO a/k/a Daniel Javier Delgado (birth name), Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 31, 2006.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Kenneth P. Ply, Assistant Prosecutor, argued the cause for respondent (Paula T. Dow, Essex County Prosecutor, attorney).

Michael A. Baldassare argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Baldassare and Lawrence S. Lustberg, Newark, on the brief).

Linda K. Danielson, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Zulima V. Farber, Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

A jury convicted defendant Daniel Delgado of the murder of Daniel Cortez based primarily on eyewitness testimony. At trial, three witnesses testified that defendant shot Cortez. Shortly after the murder, however, two of those witnesses were unable to identify defendant from a photographic array. When the police showed the same array to those two witnesses a little more than seven months later, they positively identified...

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