STATE v. DUPREY

Docket No. A-5469-10T4

48 A.3d 419 (2012)

427 N.J. Super. 314

STATE of New Jersey, Plaintiff-Appellant, v. Edward DUPREY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 2012.


Attorney(s) appearing for the Case

Jane Deaterly Plaisted , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant ( Carolyn A. Murray , Acting Essex County Prosecutor, attorney; Ms. Plaisted , on the briefs).

Bette R. Grayson argued the cause for respondent (Grayson and Associates, L.L.C., attorneys; Ms. Grayson and Elena K. Weitz , Springfield, on the briefs).

Jeffrey S. Chiesa , Attorney General, amicus curiae ( Carol M. Henderson , Assistant Attorney General, of counsel and on the brief).

Before Judges CUFF, WAUGH, and ST. JOHN.


The opinion of the court was delivered by

WAUGH, J.A.D.

This case requires us to determine whether testimony given by the plaintiff or defendant during the trial of a domestic violence matter can be used for the purposes of cross-examination in a related criminal trial, despite the language of N.J.S.A. 2C:25-29(a) that "testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal...

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