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STATE v. CHEN

No. 063177.

25 A.3d 256 (2011)

207 N.J. 404

STATE of New Jersey, Plaintiff-Appellant, v. Cecilia X. CHEN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 24, 2011.

Attorney(s) appearing for the Case

Mary R. Juliano, Assistant Prosecutor, argued the cause for appellant (Luis A. Valentin, Monmouth County Prosecutor).

Alan L. Zegas argued the cause for respondent (Law Offices of Alan L. Zegas, attorneys, Mr. Zegas and William Nossen, Chatham, on the briefs).

Hillary Horton, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General of New Jersey, attorney).

Chief Justice RABNER delivered the opinion of the Court.

In this case, we consider whether suggestive behavior by a private party, without any state action, should be evaluated at a pretrial hearing to determine whether an eyewitness' identification may be admitted at trial.

Here, a husband suspected that his wife had been attacked by his ex-girlfriend. He showed his wife pictures of the woman to help her make an identification, and she then reviewed the photos...

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