03-13-08 A-3394-05T4
The State may, consistent with a defendant's right to
remain silent, cross-examine him on the late filing of his alibi
notice when such cross-examination is designed to highlight
inconsistencies between the alibi notice and defendant's
testimony a mere two days later. We conclude that here, where
the cross-examination on the timing of the alibi notice served
to demonstrate the unlikelihood that defendant's recollection of
the facts supporting his alibi defense would change so
significantly in a two-day period, the State's cross-examination
did not constitute a prohibited evisceration of defendant's
right to remain silent. Instead, such cross-examination
constituted a permitted "litigational" use of the late
furnishing of an alibi notice.
03-12-08 State of New Jersey v. Hipolito Ruiz
A-5529-06T4
When a jury acquits a defendant of the sole charge in the
indictment, retrial for a lesser-included offense on which the
jury was deadlocked is not constitutionally barred.
