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STATE v. ALSTON

70 N.J. 95 (1976)

358 A.2d 161

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STEVEN ALSTON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 13, 1976.

Attorney(s) appearing for the Case

Ms. Barbara R. Lependorf, designated attorney, argued the cause for defendant-appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Ms. Lependorf, of counsel and on the brief).

Mr. Dante P. Mongiardo, Assistant Passaic County Prosecutor, argued the cause for plaintiff-respondent (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney; Mr. Mongiardo, of counsel and on the brief).

The opinion of the Court was delivered by HUGHES, C.J.

This appeal involves the same basic question decided this day in State v. Deatore, 70 N.J. 100 (1976), i.e., the propriety of bringing out on cross-examination of a defendant, who testifies at trial to an exculpatory story, that he had not told that story, but had remained silent, at or near the time of his arrest, such line of questioning seeking to create the inference...

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