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STATE v. CONIGLIARO

811 A.2d 491 (2002)

356 N.J. Super. 54

STATE of New Jersey, Plaintiff-Respondent, v. Anthony CONIGLIARO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Clifford E. Lazzaro & Associates, Newark, attorneys for appellant (Heather A. Fierro, on the brief).

David Samson, Attorney General, attorney for respondent (Michael LoGalbo, Deputy Attorney General, of counsel and on the brief).

Before Judges KESTIN, EICHEN and WEISSBARD.

The opinion of the court was delivered by

WEISSBARD, J.A.D.

In this case we address an issue not previously resolved in our reported jurisprudence; whether a statement written out by the victim at the request of the police at the police station several hours after the crime qualifies as an excited utterance under N.J.R.E. 803(c)(2). We conclude that such a written statement does not ordinarily come within this hearsay exception and that the admission...

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