State v. L.R., Docket No. A-2882-18
Barry Evenchick and Zachary Levy, as Designated Pro Counsel for the New Jersey Office of the Public Defender, successfully obtained a reversal of L.R.’s 17-count conviction, five of which counts were for first-degree attempted murder, carrying a sentence of 36 years. The Appellate Division held that the identification testimony of multiple police witnesses was unfairly prejudicial and presented a risk that the jury would infer L.R. was involved in prior criminal activity and was a person generally known to police. The court also held that the trial court was in error when it permitted a police detective, who was not an eyewitness to the alleged crimes, to narrate a recovered surveillance video and present his lay-witness opinion that video footage showed the defendant firing a gun. With the conviction reversed, OPD was able to negotiate a plea that resulted in L.R.’s immediate release based on time already served.
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