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STATE v. DEHART

Docket No. A-4251-10T2.

62 A.3d 327 (2013)

430 N.J. Super. 108

STATE of New Jersey, Plaintiff-Respondent, v. Ryan R. DEHART, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 2013.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Stephen W. Kirsch , Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Chiesa , Attorney General, attorney for respondent ( Frank J. Ducoat , Deputy Attorney General, of counsel and on the brief).

Before Judges AXELRAD, NUGENT and HAAS.

The opinion of the court was delivered by

HAAS, J.S.C. (temporarily assigned).

In this appeal, we address the issue of whether it was plain error for a police officer to provide hearsay testimony explaining why he included defendant's photograph in a photo array and for the prosecutor to highlight that testimony in summation. We also consider whether the trial court was required to instruct the jury on the elements...

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