STATE v. BENITEZ


821 A.2d 547 (2003)

360 N.J. Super. 101

STATE of New Jersey, Plaintiff-Respondent, v. Frank BENITEZ, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Angel Colon, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2003.


Attorney(s) appearing for the Case

William J. Rohr, Assistant Deputy Public Defender, argued the cause for appellant Frank Benitez (Yvonne Smith Segars, Public Defender, attorney; Mr. Rohr, on the brief).

John Vincent Saykanic, Passaic, argued the cause for appellant Angel Colon (Yvonne Smith Segars, Public Defender, attorney; Jean B. Bennett, of counsel and on the brief).

Frank Muroski, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General, attorney; Bennett A. Barlyn, Deputy Attorney General, of counsel and on the brief).

Angel Colon, appellant, submitted a pro se supplemental brief.

Before Judges BRAITHWAITE, PARKER and BILDER.


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

We have combined the opinions in these two appeals because defendants Frank Benitez and Angel Colon raise the same issue: the trial judge erred in allowing the victim of the offense to testify by way of a videotape deposition pursuant to Rule 3:13-2. Following a trial using this procedure, both defendants were convicted of second degree robbery, N.J.S...

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