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STATE v. BENTHALL

865 A.2d 693 (2005)

182 N.J. 373

STATE of New Jersey, Plaintiff-Respondent, v. Curtis BENTHALL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 1, 2005.

Attorney(s) appearing for the Case

Alan I. Smith, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Elizabeth M. Devine, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

This criminal appeal involves application of New Jersey Evidence Rule 607, wherein the circumstances under which a party may neutralize surprising testimony from a witness are set forth. Because we conclude that the State was not surprised by the testimony of an uncooperative witness in this matter, the State should not have been permitted to neutralize that witness's testimony or to use the neutralized testimony...

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