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STATE v. SMALLEY

No. 2000-462.

148 N.H. 66 (2002)

THE STATE OF NEW HAMPSHIRE v. STEVEN SMALLEY

Supreme Court of New Hampshire.

Argued: November 7, 2001.

Opinion Issued: July 19, 2002.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Richard E. Samdperil, assistant appellate defender, of Concord, by brief and orally, for the defendant.

DALIANIS, J.

The defendant, Steven Smalley, was convicted by a jury of possession of a controlled substance, see RSA 318-B:26, II (1995), and driving after suspension, subsequent offense, see RSA 263:64, VI (1993). On appeal, he argues that the Superior Court (Murphy, C.J.) erred by allowing the State to introduce a statement made by the defendant that was not provided to him during pretrial discovery. He also argues that

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