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STATE v. BAKER

228 N.J. Super. 135 (1988)

549 A.2d 62

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEON BAKER, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PERRY SIMMONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1988.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellants (Edward I. Davis, Designated Counsel for Leon Baker, of counsel and on the brief; Catherine M. Langlois, Designated Counsel for Perry Simmons, of counsel and on the brief).

W. Cary Edwards, Attorney General, attorney for respondent in Docket No. A-4795-86T4 (Meredith A. Cote', Deputy Attorney General, of counsel and on the brief).

James W. Holzapfel, Ocean County Prosecutor, attorney for respondent in Docket No. A-5661-86T4 (Samuel J. Marzarella, Assistant County Prosecutor, of counsel).

Before Judges BRODY and SKILLMAN.

The opinion of the court was delivered by BRODY, J.A.D.

We now consolidate the separate appeals of co-defendants Baker and Simmons who were each found guilty by a jury of possession of heroin contrary to N.J.S.A. 24:21-20(a)(1), and sentenced to a four-year prison term. We reverse both convictions because the trial judge erroneously admitted critical hearsay evidence of defendants' guilt.

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