State v. Gross

The opinion of the Court was delivered by

HANDLER, J.

The focus of this appeal is identical to that of the companion ease, State v. A. Gross, 121 N.J. 1, 577 A.2d 806 (1990). It involves the standards governing the admission, as substantive evidence inculpating the defendant, of an inconsistent statement made by a suspect-declarant while in police custody. Defendant, Frank L. Gross, was tried separately for two armed robberies. In each trial, the court conducted an Evidence Rule 8 hearing to determine the admissibility of the prior inconsistent statements of Stephen Johnson, a prosecution…