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STATE v. SILVA

926 A.2d 382 (2007)

394 N.J. Super. 270

STATE of New Jersey, Plaintiff-Appellant, v. Robert SILVA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2007.

Attorney(s) appearing for the Case

Eric Mark, Assistant Prosecutor, argued the cause appellant (Wayne J. Forrest, Somerset County Prosecutor, attorney; Mr. Mark, on the brief).

Edward C. Bertucio, Jr., Eatontown, argued the cause for respondent (Hobbie, Corrigan, Bertucio & Tashjy, attorneys; Norman M. Hobbie and Mr. Bertucio, of counsel; Mr. Bertucio, on the brief).

Before Judges LEFELT, PARRILLO, and SAPP-PETERSON.

The opinion of the court was delivered by

LEFELT, P.J.A.D.

On November 6, 2006, the trial court, in a criminal prosecution, took judicial notice of another judge's factual finding, in a related domestic violence proceeding, that it was impossible for defendant Robert Silva to have committed the offense because he could not have been at the scene. We granted the State's motion to review this decision interlocutorily. The sole question we confront on this appeal...

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