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STATE v. PIERRO

253 N.J. Super. 280 (1992)

601 A.2d 757

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK PIERRO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1992.

Attorney(s) appearing for the Case

Wilfredo Caraballo, Public Defender, attorney for appellant (Frank J. Pugliese, Assistant Deputy Public Defender, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Craig V. Zwillman, Deputy Attorney General, of counsel and on the letter-brief).

Before Judges ANTELL, LONG and BAIME.

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

This case presents novel questions concerning the scope of Evid.R. 65. This rule permits introduction of evidence affecting the credibility of a declarant whose out-of-court statement has been admitted under an exception to the hearsay rule. We hold that evidence of the defendant's threats resulting in the declarant's refusal to testify and recant his previously admitted declaration against penal interest...

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