State v. Malloy

In State v. Malloy, 324 N.J. Super. 525, 736 A.2d 532 (App.Div.1999), another panel of this court reversed a conviction when the trial court failed to discuss the evidence regarding identification in his charge to the jury. Although the judge's truncated version of the identification instruction was deemed to require reversal, the court went on to hold that the judge was required to point out in his instruction to the jury on identification the evidence introduced which cast doubt upon the identification of defendant. Id. at 535-36, 736 A.2d 532.