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STATE v. MEADOWS

No. COA08-1576.

687 S.E.2d 305 (2010)

STATE of North Carolina v. John Kennedy MEADOWS, Defendant.

Court of Appeals of North Carolina.

January 5, 2010.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Amy C. Kunstling, for the State.

Anne Bleyman, Chapel Hill, for defendant-appellant.

Tharrington Smith, L.L.P., by Elisa J. Cyre and Roger W. Smith, Raleigh, for Amicus Curiae.

STROUD, Judge.

Defendant was convicted by a jury of possession of cocaine and possession of drug paraphernalia. Defendant appeals on the grounds the that the trial court erred by admitting expert testimony on the identity of a controlled substance based on the results of a NarTest machine. We find defendant's argument as to the State's failure to demonstrate the reliability of the NarTest machine to be dispositive, and we order a new trial.

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