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STATE v. NOBLE

942 A.2d 812 (2008)

398 N.J. Super. 574

STATE of New Jersey, Plaintiff-Respondent, v. Douglas NOBLE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2008.

Attorney(s) appearing for the Case

Kristin Muir, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Robert J. Kipnees and Thomas W. McDonald, on the brief).

Jason F. Statuto, Assistant Prosecutor, argued the cause for respondent (James F. Avigliano, Passaic County Prosecutor, attorney; Mr. Statuto, of counsel and on the brief).

Before Judges PARRILLO, GILROY and BAXTER.

The opinion of the court was delivered by

BAXTER, J.A.D.

This appeal presents the question of whether the State may, consistent with a defendant's right to remain silent, cross-examine him on the late filing of his alibi notice when such cross-examination is designed to highlight inconsistencies between the alibi notice and defendant's trial testimony a mere two days later. We conclude that here, where the cross-examination on the timing of the alibi notice...

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