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STATE v. RIVERA

797 A.2d 175 (2002)

351 N.J. Super. 93

STATE of New Jersey, Plaintiff-Respondent, v. Daniel D. RIVERA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Steven M. Gilson, Designated Counsel, and on the brief).

Jeffrey S. Blitz, Atlantic County Prosecutor, for respondent (James F. Smith, Assistant County Prosecutor, of counsel and on the brief).

Before Judges BRAITHWAITE, COBURN, and WEISSBARD.

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

In this case we address, for the first time in New Jersey, whether a hearsay statement, both self-inculpatory and inculpatory of defendant, made by a co-defendant to police officers at the time of arrest, was properly received in evidence as an excited utterance under N.J.R.E. 803(c)(2). We conclude that such a statement, even assuming that it meets the requirement of the evidence rule, is so inherently...

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