STATE v. COSTELLO

No. 2008-332.

977 A.2d 454 (2009)

The STATE of New Hampshire v. Kurt COSTELLO.

Supreme Court of New Hampshire.

Opinion Issued: July 23, 2009.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Christopher M. Johnson, chief appellate defender, of Concord, on the brief and orally, for the defendant.


DUGGAN, J.

Following a jury trial in Superior Court (Lewis, J.), the defendant, Kurt Costello, was convicted of burglary. See RSA 635:1 (2007). He appeals, arguing that the trial court erred by admitting evidence that he was addicted to heroin. We affirm.

The jury could have found the following facts. Around noon on July 5, 2006, fourteen-year-old David Smith was home alone sleeping when he heard a knock on the slider door. He woke up, opened...

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