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STATE v. YOUGH

A-67 September Term 2010, 066950

31 A.3d 271 (2011)

208 N.J. 385

STATE of New Jersey, Plaintiff-Appellant, v. Stanford YOUGH, Defendant-Respondent.

Supreme Court of New Jersey.

Decided November 30, 2011.

Attorney(s) appearing for the Case

Marc A. Festa, Senior Assistant Prosecutor, argued the cause for appellant (Camelia M. Valdes, Passaic County Prosecutor, attorney).

Carolyn V. Bostic, Designated Counsel, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney).

Hillary K. Horton, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

Trials are not perfectly orchestrated productions. The testimony of witnesses may not always be predictable, particularly in criminal cases where depositions are not a typical tool of discovery. On the stand, a witness may give testimony that is different from or more expansive than an out-of-court statement recorded by the police. In many instances, discrepancies will advantage a defense attorney attempting to discredit...

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