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STATE v. HERRERA

902 A.2d 177 (2006)

187 N.J. 493

STATE of New Jersey, Plaintiff-Respondent, v. Carmelo HERRERA, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 20, 2006.

Attorney(s) appearing for the Case

Alison S. Perrone, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Perrone and Gregory R. Mueller, Designated Counsel, on the briefs).

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

Justice WALLACE, JR. delivered the opinion of the Court.

The issue presented to the Court is whether the identification procedure used by the police was impermissibly suggestive and resulted in a substantial likelihood of misidentification. Prior to trial, defendant sought to exclude evidence that the victim had identified him at the showup. Following a hearing, the trial court concluded that the out-of-court showup was not impermissibly suggestive and denied defendant...

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