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STATE v. CARTER

185 N.J. Super. 576 (1982)

449 A.2d 1362

THE STATE OF NEW JERSEY v. EMERICK CARTER, A/K/A EMORIC CARTER, A/K/A EMORY CARTER, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County (Criminal).

Decided July 7, 1982.

Attorney(s) appearing for the Case

Ray A. Farrington, Esq., Assistant Bergen County Prosecutor, for plaintiff.

David Hoffman, Esq., for Defendant.

SCHIAFFO, J.S.C.

The questions raised by defendant's motion to suppress in this case are:

1. Does a post-indictment photographic lineup, held without the presence of counsel, violate defendant's Sixth Amendment rights? (No New Jersey court has addressed itself specifically to this subject.)

2. Does furnishing discovery of such photographic lineup three days prior to trial constitute "egregious" prosecutorial conduct?

The answers to both questions...

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