STATE v. VALLEJO

A-3 September Term 2008

965 A.2d 1181 (2009)

198 N.J. 122

STATE of New Jersey, Plaintiff-Respondent, v. Diego VALLEJO, a/k/a Diego Valljotaragury, Diego Taragury and Diego T. Vallejo, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 10, 2009.


Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellant (Benedict and Altman, attorneys; Mr. Benedict and Philip Nettl, New Brunswick, on the brief).

Nancy A. Hulett, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).


Justice LONG delivered the opinion of the Court.

Defendant was convicted of a passel of offenses arising out of the alleged kidnapping and restraint of the victim, with whom he had been in a romantic relationship. During a short trial, prior incidents of domestic violence and the existence of a restraining order against defendant were referenced by various witnesses, without objection. An immediate curative instruction was not given, although an ambiguous instruction...

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