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STATE v. BUNYAN

712 A.2d 1091 (1998)

154 N.J. 261

STATE of New Jersey, Plaintiff-Appellant, v. Jeffrey BUNYAN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Barbara A. Rosenkrans, Assistant Prosecutor, for plaintiff-appellant (Clifford J. Minor, Essex County Prosecutor, attorney; Ms. Rosenkrans and Raymond W. Hoffman, of counsel and on the briefs).

James K. Smith, Jr., Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney; Mr. Smith and Kevin B. Dowling, Designated Counsel, on the briefs).

Robert E. Bonpietro, Deputy Attorney General, of amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the right of a prisoner serving a sentence for murder to offer the newly discovered, exculpatory, hearsay statement of a deceased witness to the killing as grounds for a new trial. Because the witness had threatened to recant her statement before her death and because her statement is cumulative of other evidence of innocence, we find that the trial court correctly

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