STATE OF NEW JERSEY V. QUINN M. LATNEY A-6208-06T4 08-06-10
We consider defendant's objection to a flight instruction,
and conclude the instruction was unwarranted and that the
evidence of flight should not have been admitted at trial.
Defendant was on trial for robbery and related crimes. Two days
before the robbery defendant had stolen a car from a dealership,
and the day following the robbery, defendant was pursued by the
police while driving the stolen car. He pled guilty to theft of
the car prior to this trial.
The State did not introduce evidence that the car was
stolen and neither did defendant. We conclude that under these
circumstances, the evidence of flight should have been excluded
