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STATE v. BYRD

923 A.2d 242 (2007)

393 N.J. Super. 218

STATE of New Jersey, Plaintiff-Respondent/Cross-Appellant, v. Dionte BYRD, Defendant-Appellant/Cross-Respondent. State of New Jersey, Plaintiff-Respondent/Cross-Appellant, v. Freddie Dean, Jr., Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 2007.

Attorney(s) appearing for the Case

Andrew F. Schneider, attorney for appellant/cross-respondent Dionte Byrd.

Yvonne Smith Segars, Public Defender, attorney for appellant/cross-respondent Freddie Dean, Jr., (William Welaj, Designated Counsel, of counsel and on the brief).

Stuart Rabner, Attorney General, attorney for respondent/cross-appellant State of New Jersey (Daniel I. Bornstein, Deputy Attorney General, of counsel and on the brief).

Before Judges AXELRAD, R.B. COLEMAN and GILROY.

The opinion of the court was delivered by

GILROY, J.A.D.

The question presented is whether the trial court properly allowed introduction of an inculpatory out-of-court statement of a witness who refused to testify because defendants had threatened him with bodily harm if he testified against them. The answer requires an analysis of a defendant's right of confrontation under the Sixth Amendment and whether the statement fits within one of the exceptions to...

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