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STATE v. SEGO

266 N.J. Super. 406 (1993)

629 A.2d 1362

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LARRY SEGO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Judith A. Fallat, Designated Counsel, of counsel and on the brief).

Stephen G. Raymond, Burlington County Prosecutor, attorney for respondent (Deborah A. Siegrist, Assistant Prosecutor, of counsel and on the brief).

Before Judges ANTELL, DREIER and SKILLMAN.

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

This appeal requires us to decide whether an alleged accomplice's out-of-court statement inculpating defendant, which the Confrontation Clause of the Sixth Amendment would preclude the State from introducing as substantive evidence, may be used for the purpose of impeaching the alleged accomplice's subsequent out-of-court statement exculpating defendant.

A jury found defendant guilty of knowing murder...

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