STATE OF NEW JERSEY, PLAINTIFF-APPELLANT/CROSS-RESPONDENT,
v.
BERNARDO B. ROMAN, DEFENDANT-RESPONDENT/CROSS-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 23, 1991.
Decided May 10, 1991.
Attorney(s) appearing for the Case
Martin C. Mooney, Sr., Assistant Prosecutor, argued the cause for appellant/cross-respondent (Stephen G. Raymond, Burlington County Prosecutor, attorney; Martin C. Mooney of counsel and on the brief).
Marcia Blum, Assistant Deputy Public Defender, argued the cause for respondent/cross-appellant (Wilfredo Caraballo, Public Defender, attorney; Marcia Blum of counsel and on the letter-brief.
Before Judges PRESSLER, BAIME and A.M. STEIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BAIME, J.A.D.
This appeal and cross-appeal present novel questions concerning the prerequisites for admission of a hearsay statement made by an alleged child victim in a sexual assault prosecution. Evid.R. 63(33) permits introduction of a statement by a child under the age of 12 if, after a hearing, the court finds that the declaration is trustworthy and either the witness...
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