An identification by the victim or a witness is admissible at trial, and the decision to admit it as evidence can be part of an appeal.
Under NJ Court Rules, any decision by the Judge can be raised before the Appellate Court as an error by the Trial Judge. Part of the challenge of an out-of-Court identification is that the procedure used by the cops was ''unduly suggestive' leading to an improper ID. The process of conducting the ID, the make-up of the line-up, the similarity or dis-similarity between the people in the line up, and what was said by the cops to the witness before, during and after the process can all be a basis to challenge the decision to allow the ID into evidence during the trial.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200 #criminaldefense #appeal #identification