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STATE v. SILVA

131 N.J. 438 (1993)

621 A.2d 17

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSE SILVA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Mark Paul Cronin, Deputy Attorney General, argued the cause for plaintiff-appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Timothy A. Shafer, Designated Counsel, argued the cause for defendant-respondent (Zulima V. Farber, Public Defender, attorney).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the standards that govern the cross-examination of a witness about recent fabrication of alibi testimony. The specific question is whether the pretrial failure of the witness to volunteer the information to State authorities or investigators allows a jury to draw an inference of recent fabrication. We hold that if a witness appears to know of the charges...

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