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STATE v. PIERCE

750 A.2d 139 (2000)

330 N.J. Super. 479

STATE of New Jersey, Plaintiff-Respondent, v. Carl B. PIERCE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 2000.

Attorney(s) appearing for the Case

Wayne Powell, Cherry Hill, for defendant-appellant (Roderick Taylor Baltimore, on the brief).

Steven A. Yomtov, Deputy Attorney General, for plaintiff-respondent (John J. Farmer, Jr., Attorney General, attorney for plaintiff-respondent; Mr. Yomtov, of counsel and on the brief).

Before Judges HAVEY, KEEFE and COLLESTER.

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

In this appeal we are constrained to reverse the defendant's conviction and remand for a new trial because of the inadequacy of the jury instruction as to identification and the improper and prejudicial comments in the prosecutor's summation regarding the post-arrest silence of the defendant.

Tried to a jury on Cumberland County Indictment No. 97-06-00582...

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