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STATE v. MERVILUS

Docket No. A-5812-07T3.

12 A.3d 258 (2011)

418 N.J. Super. 138

STATE of New Jersey, Plaintiff-Respondent, v. Emmanuel MERVILUS a/k/a Emmanuel Mervilous a/k/a Emanuel Mervilus a/k/a Emmonvel Mervilus a/k/a Emmanuel Mervelous, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Caruso & Diaz, L.L.C., attorneys for appellant (John D. Caruso, on the brief).

Theodore J. Romankow , Union County Prosecutor, attorney for respondent (Meredith L. Balo, Assistant Prosecutor, of counsel and on the brief).

Before Judges LISA, REISNER and ALVAREZ.

The opinion of the court was delivered by

REISNER, J.A.D.

Defendant Emmanuel Mervilus appeals from his conviction for first degree robbery, N.J.S.A. 2C:15-1, and aggravated assault, N.J.S.A. 2C:12-1b(1), -1b(2). Based on improper expert testimony concerning polygraph evidence, we reverse the conviction and remand for a new trial. If the State intends to rely on polygraph evidence at the re-trial, the State must first establish the reliability...

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