State v. Mykal L. Derry; State v. Malik Derry (085795) (Atlantic County & Statewide) (A-13/14-21; 085795)
Based on the differences between the federal and state proceedings, the trial court did not abuse its discretion in denying defendants’ motion to dismiss the indictment. Like the Appellate Division, the Court finds that Special Agent Kopp’s interpretations were expert rather than lay opinions, but that the error in admitting them as lay opinion testimony was harmless. The Court bases its finding of harmless error, however, upon the overwhelming evidence of defendants’ guilt presented at trial, rather than on the hypothetical qualifications of the agent.
