State v. Ralph Sowell (A-27-11; 068245)
The expert’s opinion regarding the exchange of narcotics was improper because it related to a straightforward factual allegation that was not beyond the understanding of the average juror, and because the expert referred to facts not contained in the hypothetical question. Under the plain error standard, however, defendant’s conviction is affirmed based on the overwhelming evidence of his guilt. 1-14-13
