STATE v. ROSE

A-111 September Term 2009

19 A.3d 985 (2011)

206 N.J. 141

STATE of New Jersey, Plaintiff-Respondent, v. Zarik ROSE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 8, 2011.


Attorney(s) appearing for the Case

Susan Brody , Assistant Deputy Public Defender, argued the cause for appellant ( Yvonne Smith Segar , Public Defender, attorney).

Frank Muroski , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General of New Jersey, attorney; Mr. Muroski , Robyn B. Mitchell , Deputy Attorney General, and Ashlea D. Thomas , Special Deputy Attorney General, of counsel and on the briefs).

Alison S. Perrone argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey.


Justice LaVECCHIA delivered the opinion of the Court.

Defendant Zarik Rose was convicted, as an accomplice, of the purposeful murder of Charles Mosley. The State's theory at trial was that defendant arranged for the murder while in jail and about to go to trial on earlier charges that he had attempted to murder the victim. In this appeal, we address whether evidence of defendant's previous indictment and incarceration on the pending attempted murder charges was admissible...

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