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STATE v. BERRY

140 N.J. 280 (1995)

658 A.2d 702

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES MARSHALL BERRY, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DWAYNE CANNON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued September 27, 1994.

Argued September 27, 1994.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Paul H. Heinzel, Deputy Attorney General, argued the cause for appellant State of New Jersey (Deborah T. Poritz, Attorney General of New Jersey, attorney).

Matthew Astore, Deputy Public Defender II, argued the cause for appellant Dwayne Cannon (Susan L. Reisner, Acting Public Defender, attorney).

M. Virginia Barta, Assistant Deputy Public Defender, argued the cause for respondent Charles Marshall Berry (Susan L. Reisner, Acting Public Defender, attorney).

Jeffrey Garrigan, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Carmen Messano, Hudson County Prosecutor, attorney).

Deborah Bartolomey, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey in State v. Cannon (Deborah T. Poritz, Attorney General, attorney).

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

These appeals concern the State's practice of using expert witnesses in drug-distribution cases to explain techniques commonly used by drug dealers. The expert testimony typically is offered to enhance the jury's understanding of the factual evidence proffered by the State to prove the commission of the offenses charged in the indictments.

In State v. Berry, the sole question presented in the State...

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