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STATE v. PURNELL

735 A.2d 513 (1999)

161 N.J. 44

STATE of New Jersey, Plaintiff-Appellant, v. Braynard PURNELL, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Gerard C. Sims, Jr., Deputy Attorney General, for defendant-respondent (Peter Verniero, Attorney General of New Jersey, attorney).

James K. Smith, Jr., Assistant Deputy Public Defender, for plaintiff-appellant (Ivelisse Torres, Public Defender, attorney).

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

On March 16, 1992, this Court changed existing statutory and decisional law by holding that in a prosecution for perjury the jury, rather than the judge, must decide the materiality element of the offense. State v. Anderson, 127 N.J. 191, 603 A.2d 928 (1992). The critical issue raised in this post-conviction relief (PCR) appeal is whether...

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