Identification issues

State v. Chen, 27 A. 3d 930 - NJ: Supreme Court 2011

"...Consistent with the courts' gatekeeping function, the Appellate Division concluded that "trial courts should grant a request for a preliminary hearing when the reliability of the State's identification evidence is called into question by evidence of highly suggestive words or conduct by private actors that pose a significant risk of misidentification." Id. at 82, 952 A.2d 1094."

"...when balancing the probative value of identification evidence against the risk of unfair prejudice at a pretrial hearing, trial courts should employ the same analysis used to evaluate suggestive techniques by law enforcement officials. Id. at 83, 952 A.2d 1094..."