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STATE v. NOEL

723 A.2d 602 (1999)

157 N.J. 141

STATE of New Jersey, Plaintiff-Appellant, v. Judel NOEL, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 10, 1999.

Attorney(s) appearing for the Case

Hilary Brunell, Deputy First Assistant Prosecutor, for plaintiff-appellant (Clifford J. Minor, Essex County Prosecutor, attorney).

Paul J. Casteleiro, Hoboken, for defendant-respondent.

Nancy A. Hulett, Deputy Attorney General, for amicus curiae Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

Ruth Bove Carlucci, Assistant Deputy Public Defender, for amicus curiae Public Defender (Ivelisse Torres, Public Defender, attorney).

Richard Scott Thompson, for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Theodore V. Wells, Jr., of counsel; Mr. Thompson and Steven H. Becker, on the brief).

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

The primary issue is whether, in the absence of statistical probability evidence, the trial court erred in admitting expert testimony concerning the similarity in composition of lead bullets found at the crime scene, in the victim's body, and among defendant's belongings. Finding that statistical evidence was essential, a majority in the Appellate Division reversed the conviction of defendant, Judel Noel, for purposeful...

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