STATE v. WALDEN


851 A.2d 758 (2004)

370 N.J. Super. 549

STATE of New Jersey, Plaintiff-Respondent, v. Ashakoor WALDEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2004.


Attorney(s) appearing for the Case

Alison Perrone, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Perrone, on the brief).

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for respondent (Theodore J. Romankow, Union County Prosecutor; attorney; Mr. Kaflowitz, of counsel and on the brief).

Before Judges KING, LINTNER and LISA.


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

In his opening statement in this murder trial, the prosecutor informed the jury that a non-testifying co-defendant, who had pled guilty and accepted his responsibility for the crime, told the police that the defendant on trial was a co-perpetrator, and indeed the shooter. The prosecutor stated the co-defendant would testify accordingly. As part of his plea agreement, the co-defendant had agreed to testify. But...

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