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STATE v. ELYSEE

159 N.J. Super. 380 (1978)

388 A.2d 254

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NECLES ELYSEE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1978.

Attorney(s) appearing for the Case

Mr. John S. Redden, Special Deputy Attorney General, argued the cause for appellant (Mr. Donald S. Coburn, Acting Essex County Prosecutor, attorney; Mr. Leonard D. Ronco, former Acting Essex County Prosecutor, and Mr. Marc J. Friedman, Deputy Attorney General, of counsel).

Ms. Lois A. DeJulio, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges LYNCH. CRANE and LARNER.

The opinion of the court was delivered by LARNER, J.A.D.

We granted leave to the State to appeal a pretrial ruling which held that an oral and a written statement of defendant would not be admissible at trial. Pursuant to R. 2:11-2, the matter was expedited and considered by this court after briefs and oral argument addressed to the merits of the appeal.

I

Preliminarily, we find it necessary to discuss the procedural history below because...

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