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STATE v. FORTIN

745 A.2d 509 (2000)

162 N.J. 517

STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Steven R. FORTIN, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Decided February 23, 2000.

Attorney(s) appearing for the Case

Matthew Astore, Deputy Public Defender II, for defendant-appellant and cross-respondent (Ivelisse Torres, Public Defender, attorney; Mr. Astore, Anderson D. Harkov, Assistant Deputy Public Defender and Robert A. Obler, Designated Counsel, of counsel and on the briefs).

Nicholas Ruggiero and Thomas J. Kapsak, Assistant Prosecutors, for plaintiff-respondent and cross-appellant (Glenn Berman, Middlesex County Prosecutor, attorney).

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

This is a capital murder case. The State has charged the defendant with killing a woman in a savage sexual assault. There are two issues in this interlocutory appeal. The first issue is whether the Law Division erred in ruling that the prosecution could introduce evidence of a similar crime in Maine on the issue of identity under N.J.R.E. 404(b). The State offered the evidence to show similarities between...

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