State v. Michael Gore (A-77-09)
State v. Cleveland, 6 N.J., 316 (1951), is superseded by the New Jersey Rules of Evidence. Rule 803(c)(5) permits the admission of a defendant’s unsigned and unacknowledged transcribed statement, used to refresh a witness’ memory as past recollection recorded, provided there is no objection and all foundational requirements, including Rule 803(b)(1), are satisfied. Although the trial court erroneously permitted the formal confession statement to be moved into evidence after the record had closed, plain error does not exist because there is no reasonable likelihood that admission of the statement caused the jury to reach a conclusion that it otherwise would not have reached.
