State v. Manaf Stas (A-14-1

State v. Manaf Stas (A-14-11; 068060)

          The use of defendant’s silence as substantive evidence
          of his guilt and for the purpose of assessing his
          credibility violated his federal constitutional
          privilege against self-incrimination, and his state
          statutory and common law privilege against self-
          incrimination.  Given the prominent role that
          defendant’s silence played in his conviction, the
          error was clearly capable of producing an unjust
          result and warrants a new trial. R. 2:10-2.  
9-12-12