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STATE v. McLAUGHLIN

No. A-68 September Term 2009.

14 A.3d 720 (2011)

205 N.J. 185

STATE of New Jersey, Plaintiff-Respondent, v. Eduardo McLAUGHLIN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 3, 2011.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Mary E. McAnally, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General of New Jersey, attorney; Ms. McAnally and Robert E. Bonpietro, Deputy Attorney General, on the briefs).

Justice RIVERA-SOTO delivered the opinion of the Court.

Defendant Eduardo McLaughlin was convicted of various crimes arising out of the robbery and death of his victim. Those convictions were based, in part, on certain hearsay statements admitted by the trial court under the "co-conspirator" exception to the hearsay rule, N.J.R.E. 803(b)(5). The Appellate Division disagreed, concluding that the co-conspirator exception was inapplicable under the circumstances...

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