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Sunday, January 22, 2017

State v. DeShawn P. Wilson (A-42-

State v. DeShawn P. Wilson (A-42-15; 076609) 

The map commissioned and adopted by the Board pursuant to N.J.S.A. 2C:35-7.1(e) is nontestimonial and its admission therefore did not violate Wilson’s confrontation rights. Further, such maps are admissible, if properly authenticated, under N.J.S.A. 2C:35-7.1(e) and as public records pursuant to N.J.R.E. 803(c)(8). Because the map was not properly authenticated, however, the Court is constrained to reverse the Appellate Division’s judgment that the map was properly admitted into evidence at trial and to remand the matter for a new trial on the count of defendant’s conviction that depended on the map.