State v. Henderson

ORDER

This matter having come to the Court on a grant of certification, 195 N.J. 521, 950 A.2d 907 (2008), to address whether evidence of *508eyewitness identification used against defendant was impermissibly suggestive and thus inadmissible under the two-part test applied in Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977), and followed as a state law standard in State v. Madison, 109 N.J. 223, 232-33, 536 A.2d 254 (1988);

And that test requiring inquiry into, first, whether the identification procedure was impermissibly suggestive, and second, whether the procedure was so…