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STATE v. PERRY

A-34 September Term 2014, 075114

137 A.3d 1130 (2016)

225 N.J. 222

STATE of New Jersey, Plaintiff-Appellant, v. Bobby PERRY (a/k/a Bobby Penny), Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 17, 2016.

Corrected July 8, 2016.

Attorney(s) appearing for the Case

Sara M. Quigley , Deputy Attorney General, argued the cause for appellant ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).

Elizabeth C. Jarit , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney).

Lawrence S. Lustberg , Newark, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, attorneys; Mr. Lustberg and Joseph A. Pace , on the letter brief).

Defendant was charged with sexually and physically assaulting a woman he had been casually dating. Prior to trial, defendant filed a motion under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence of an unidentified semen stain, which did not belong...

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