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STATE v. BENEDETTO

120 N.J. 250 (1990)

576 A.2d 828

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RONALD BENEDETTO, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Virginia M. Lincoln, Assistant Prosecutor, argued the cause for appellant (Herbert M. Tate, Essex County Prosecutor, attorney).

Robert J. De Groot argued the cause for respondent.

Linda A. Rinaldi, Deputy Attorney General, argued the cause on behalf of amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal presents a narrow question regarding the "state of mind" exception to the hearsay rule, Evid.R. 63(12)(a). The issue is whether the trial court committed prejudicial error in admitting certain hearsay statements of the victim recounting threats he had perceived because of an overdue debt that he owed defendant's father. The Appellate Division, which ruled that such statements were expressions...

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