STATE v. GREENE

A-96 September Term 2018 082536.

233 A.3d 361 (2020)

242 N.J. 530

STATE of New Jersey, Plaintiff-Appellant, v. Carey R. GREENE and Tyleek A. Lewis, Defendant-Respondents.

Supreme Court of New Jersey.

Decided June 23, 2020.


Attorney(s) appearing for the Case

Jennifer B. Paszkiewicz , Assistant Prosecutor, argued the cause for appellant State of New Jersey ( Scott A. Coffina , Burlington County Prosecutor, attorney; Jennifer B. Paszkiewicz , of counsel and on the briefs, and Nicole Handy , Assistant Prosecutor, on the briefs).

Zachary G. Markarian , Assistant Deputy Public Defender, argued the cause for respondent Carey R. Greene ( Joseph E. Krakora , Public Defender, attorney; Zachary G. Markarian , of counsel and on the briefs, and Alison Perrone , First Assistant Deputy Public Defender, on the briefs).

Michael Confusione , Designated Counsel, argued the cause for respondent Tyleek A. Lewis ( Joseph E. Krakora , Public Defender, attorney; Michael Confusione , on the briefs).

Evgeniya Sitnikova , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Evgeniya Sitnikova , Trenton, of counsel and on the brief).

Alan Silber argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey ( Pashman Stein Walder Hayden , attorneys; Alan Silber , Hackensack, and CJ Griffin , on the brief).


In opening to a jury, a prosecutor may give a general statement of the evidence the State intends to present to prove the defendant's guilt. When the opening describes particularized details of the defendant's guilt through the expected testimony of a witness who does not materialize at trial, there...

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