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STATE v. ROSE

Docket No. A-0192-11T2

42 A.3d 172 (2012)

425 N.J. Super. 463

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

Superior Court of New Jersey, Appellate Division.

Decided May 3, 2012.

Attorney(s) appearing for the Case

Edward J. DeFazio , Hudson County Prosecutor, attorney for appellant ( Devarup Rastogi , Assistant Prosecutor, on the brief).

Joseph E. Krakora , Public Defender, attorney for respondent ( Joshua D. Sanders , Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Chiesa , Attorney General, attorney for amicus curiae State of New Jersey ( Daniel I. Bornstein , Deputy Attorney General, of counsel and on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

We granted the State's motion for leave to appeal to decide whether the forfeiture by wrongdoing exception to the hearsay rule, N.J.R.E. 804(b)(9), applies retroactively to wrongdoing that occurred before the new rule's effective date. We conclude that it does and that such application does not constitute an ex post facto violation.

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