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STATE v. MICELLI

(A-1-12) (070453).

72 A.3d 235 (2013)

215 N.J. 284

STATE of New Jersey, Plaintiff-Respondent, v. Santino J. MICELLI, a/k/a Santino J. Miceli, a/k/a Santino Miceli, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 19, 2013.

Attorney(s) appearing for the Case

Alison S. Perrone , Designated Counsel, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

David A. Malfitano , Assistant Prosecutor, argued the cause for respondent ( John L. Molinelli , Bergen County Prosecutor, attorney).

Deborah C. Bartolomey , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Jeffrey S. Chiesa , Attorney General, attorney; Hillary K. Horton , Deputy Attorney General, of counsel and on the brief).

PER CURIAM.

This appeal is before us as of right based on a dissent in the Appellate Division. R. 2:2-1(a)(2). We reverse the judgment of the Appellate Division, which affirmed defendant's May 21, 2010 conviction for third-degree eluding a police officer, N.J.S.A. 2C:29-2b. We do so because the reliability of the State's evidence of out-of-court photographic identifications of defendant by two police officer...

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