State v. Tywaun S. Hedgespeth (084892) (Essex County and Statewide) (A-22-20; 084892)
A violation occurred when the State was allowed to enter into evidence information set forth in the affidavit of a non-testifying officer concerning the no-permit results from a search of the State firearm registry, and that violation was not cured by testimony concerning the search of an Essex County firearm database. Further, the trial court’s incorrect N.J.R.E. 609 ruling constituted harmful error requiring reversal of the conviction. However, the Court declines to adopt the position that an evidentiary ruling that results in a defendant’s decision not to testify can never be harmless.
