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STATE v. NELSON

749 A.2d 380 (2000)

330 N.J. Super. 206

STATE of New Jersey, Plaintiff-Respondent, v. Kelvin A. NELSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 2000.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (Barbara A. Hedeen, Assistant Deputy Public Defender, of counsel and on the brief).

Wayne J. Forrest, Somerset County Prosecutor, for plaintiff-respondent (Marina S. Peck, Assistant Prosecutor, of counsel and on the brief).

Before Judges STERN, KESTIN and STEINBERG.

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

In this appeal, we reverse defendant's conviction for possession of a controlled dangerous substance because the State failed to disclose, during discovery, that one of its trial witnesses, Erle Lovell, had previously been convicted of sexual assault and was placed on four years probation subject to the condition that he serve 364 days in the Somerset County Correctional Facility.

In a one-count indictment...

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