STATE v. P.S.

A-21 September Term 2009.

997 A.2d 163 (2010)

202 N.J. 232

STATE of New Jersey, Plaintiff-Respondent, v. P.S., Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 7, 2010.


Attorney(s) appearing for the Case

Alison S. Perrone, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Jeanne Screen, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General, attorney); Ms. Screen and Marisa Slaten, Deputy Attorney General, on the brief.


Justice LONG delivered the opinion of the Court.

In this appeal we address several recurring issues in criminal law. The first is what standard to apply where a child sex abuse victim's taped statement is lost. In particular, defendant asks us to establish a per se rule of exclusion in such circumstances, a request that we decline. Instead we reaffirm the totality of circumstances standard as the appropriate benchmark for the admissibility of a tender years statement...

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