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STATE v. MARTIN

209 N.J. Super. 473 (1986)

507 A.2d 1179

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONNELL MARTIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1986.

Attorney(s) appearing for the Case

Thomas S. Smith, Jr., Acting Public Defender, attorney for appellant (Randall W. Westreich, designated counsel, on the brief).

John H. Stamler, Union County Prosecutor, attorney for respondent (Raymond J. Zeltner, Assistant Prosecutor, of counsel and on the brief).

Before Judges MICHELS, GAULKIN and STERN.

The opinion of the court was delivered by STERN, J.S.C. (temporarily assigned).

Defendant was convicted of first degree armed robbery, contrary to N.J.S.A. 2C:15-1, and was sentenced to an extended term of 30 years in the custody of the Commissioner of Corrections with 15 years to be served before parole eligibility. He appeals and argues:

POINT I THE OUT-OF-COURT BLACK AND WHITE IDENTIFICATIONS WERE SO INHERENTLY UNRELIABLE THAT THEIR ADMISSION INTO...

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