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STATE v. LUTZ

165 N.J. Super. 278 (1979)

398 A.2d 115

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FREDERICK LUTZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1979.

Attorney(s) appearing for the Case

Mr. Rushton H. Ridgway, Assistant Prosecutor, argued the cause for appellant (Mr. William P. Doherty, Jr., Prosecutor of Cumberland County, attorney; Mr. Ridgway, of counsel and on the brief).

Mr. Edwin J. Jacobs argued the cause for respondent (Messrs. Tort, Daniels & Jacobs, attorneys).

Before Judges SEIDMAN and BOTTER.

The opinion of the court was delivered by SEIDMAN, J.A.D.

Defendant was indicted for the murder of one Luis Eric Afanador. On the day of the trial, a combined preliminary inquiry under Evid. R. 8(1) and (3) was conducted by the trial judge to determine the admissibility of statements allegedly made by defendant at the police station, and of in-court and out-of-court identifications of defendant by the State's chief witness, Irma Ocasio. The hearing took place...

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