STATE v. McLEAN

No. A-98 September Term 2009.

16 A.3d 332 (2011)

205 N.J. 438

STATE of New Jersey, Plaintiff-Respondent, v. Kelvin L. McLEAN a/k/a Kevin McLean, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 31, 2011.


Attorney(s) appearing for the Case

Frank J. Pugliese , Assistant Deputy Public Defender, argued the cause for appellant ( Yvonne Smith Segars , Public Defender, attorney; Mr. Pugliese and Elizabeth H. Smith, Designated Counsel, on the briefs).

Christopher W. Hsieh , Senior Assistant Prosecutor, argued the cause for respondent ( Camelia M. Valdes , Passaic County Prosecutor, attorney).


Justice HOENS delivered the opinion of the court.

In this matter, we address the permissible scope of lay opinion testimony in the context of prosecutions involving alleged street-level narcotics transactions. More specifically, we consider whether a police officer, who observed defendant Kelvin McLean engage in behavior that the officer believed was a narcotics transaction, should have been permitted to testify about that belief pursuant to the lay opinion rule....

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