STATE v. HERNANDEZ


784 A.2d 1225 (2001)

170 N.J. 106

STATE of New Jersey, Plaintiff-Appellant, v. David HERNANDEZ, Defendant-Respondent.

Supreme Court of New Jersey.

Decided November 21, 2001.


Attorney(s) appearing for the Case

Marc A. Festa, Assistant Prosecutor, argued the cause for appellant (Boris Moczula, Acting Passaic County Prosecutor, attorney; Michelle Katich, Assistant Prosecutor, of counsel and on the briefs).

Edward T. Ehler, Glen Rock, argued the cause for respondent.

Bennett A. Barlyn, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey, (John J. Farmer, Jr., Attorney General, attorney).

Lawrence S. Lustberg, Newark, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Risa E. Kaufman, on the brief).


The opinion of the Court was written by LaVECCHIA, J.

This appeal presents an opportunity for the Court to consider whether uncorroborated, "other-crimes" testimony provided by a co-defendant cooperating with the prosecution should be banned per se because it cannot satisfy the "clear and convincing" standard of proof required for the admission of other-crime evidence. Prior to trial, defendant David Hernandez sought...

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