State v. Santino J. Micelli (070453)

This appeal is before us as of right based on a dissent in the Appellate Division. R. 2:2-l(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 witnesses should have been assessed at a Wade 1 hearing before the trial court pursuant to the standard set by this Court in State v. Madison, 109 N.J. 223, 232-33, 536 A.2d 254 (1988). The Madison…