State v. Janowski

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

The State appeals, by leave granted, from an order suppressing the out-of-court photographic identification of defendant Michael Janowski because the set of computerized photographs from which defendant was identified by the victim was not preserved and recorded. The State contends that the motion judge erroneously interpreted existing law and that the automatic exclusion of the out-of-court identification is inappropriate. We agree with the State and now reverse.

Defendant was arrested and subsequently indicted for: (1) first-degree…