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STATE v. JONES

A-112 September Term 2013, 073827

128 A.3d 1096 (2016)

224 N.J. 70

STATE of New Jersey, Plaintiff-Respondent, v. Howard JONES, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 20, 2016.

Attorney(s) appearing for the Case

Stephen P. Hunter , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

Deborah C. Bartolomey , Deputy Attorney General argued the cause for respondent ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).

Lawrence S. Lustberg argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Gibbons , attorneys; Mr. Lustberg, Newark, and Joseph A. Pace , on the letter brief).

In determining the reliability of evidence obtained through a suggestive showup identification procedure, extrinsic evidence of guilt should play no role in the determination of the evidence's admissibility. An analysis that considers evidence of guilt is no substitute for a proper assessment...

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