STATE v. L.K.


244 N.J. Super. 261 (1990)

582 A.2d 297

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. L.K., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1990.


Attorney(s) appearing for the Case

John J. Scaliti, Assistant Prosecutor, argued the cause for appellant (John J. Fahy, Prosecutor of Bergen County, attorney; Sharyn J. Peiffer, Assistant Prosecutor, of counsel; Sharyn J. Peiffer and John J. Scaliti on the letter brief).

Salvatore T. Alfano argued the cause for respondent (Clapp & Eisenberg, attorneys; Edward N. Fitzpatrick of counsel; Salvatore T. Alfano on the brief).

Before Judges J.H. COLEMAN, DREIER and LANDAU.


The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The novel issue presented in this appeal is whether the procedural safeguards regarding the use of hypnotically-enhanced evidence articulated in State v. Hurd, 86 N.J. 525, 432 A.2d 86 (1981), should apply to a defendant or defense witnesses. We hold that they should apply, but additional safeguards must be followed.

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