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STATE v. MEROLA

214 N.J. Super. 108 (1986)

518 A.2d 518

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS MEROLA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1986.

Attorney(s) appearing for the Case

Philip De Vencentes argued the cause for appellant (Galantucci & Patuto, attorneys; Philip De Vencentes, on the brief).

Greta-Ann Gooden, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Greta-Ann Gooden, of counsel and on the brief).

Before Judges PRESSLER, GAULKIN and BAIME.

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

The novel question presented by this appeal is whether a defendant's prearrest failure to provide the police with information which, although exculpatory with regard to the crime charged, would incriminate him as to another offense, can be used to attack his credibility at trial. We hold that a defendant is under no obligation to volunteer such information to the police and, therefore, the State should not be...

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