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STATE v. FERTIG

143 N.J. 115 (1996)

668 A.2d 1076

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANK FERTIG, A/K/A FRANK FERDIG, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 4, 1996.

Attorney(s) appearing for the Case

James F. Smith, Assistant County Prosecutor, argued the cause for appellant (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney).

Matthew Astore, Deputy Public Defender II, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney; Mr. Astore and Brad Wertheimer, Assistant Deputy Public Defender, on the briefs).

The opinion of the Court was delivered by POLLOCK, J.

The sole issue is whether the State may admit the hypnotically-induced testimony of an independent witness, Dennis Spier, at the trial of defendant, Frank Fertig, for felony murder. Finding that the hypnotist had refreshed improperly Spier's recollection in violation of State v. Hurd, 86 N.J. 525, 432 A.2d 86 (1981), the Law Division barred...

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