State v. Yasin Simms (A-14-14; 074209)
The erroneously assumed fact in the hypothetical question -- that the object in defendant’s hand was a bundle of heroin packets -- unfairly buttressed the State’s case. It was for the jury to decide the identity of the object based on an examination of the totality of the evidence. The ultimate-issue testimony on conspiracy, moreover, impermissibly intruded into the jury’s singular role as trier of fact.
