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STATE v. NUNEZ

DOCKET NO. A-3197-11T2

91 A.3d 660 (2014)

436 N.J. Super. 70

STATE of New Jersey, Plaintiff-Respondent, v. Michael NUNEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 2014.

Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Lauren S. Michaels , Assistant Deputy Public Defender, of counsel and on the brief).

Warren W. Faulk , Camden County Prosecutor, attorney for respondent ( Robin A. Hamett , Assistant Prosecutor, of counsel and on the brief).

Before Judges FISHER, ESPINOSA and KOBLITZ.

The opinion of the court was delivered by

KOBLITZ, J.A.D.

We reverse defendant's murder conviction because the trial judge permitted the State to bolster its case by calling defendant's investigator to testify to a prior consistent statement of the State's only eyewitness in violation of defendant's right to counsel.

A jury convicted defendant Michael Nunez of first-degree murder, N.J.S.A. 2C:11-3(a)(1) or (2) (count one); second-degree possession...

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