State v. Balthrop

JOELSON, J. A. D.,

concurring.

Although Evid.R. 4, which was relied upon heavily in State v. Sands, 76 N.J. 127 (1978), has normally been used in criminal cases for the protection of defendants, we have interpreted that rule so as to give a trial judge discretion to exclude evidence when its probative value is outweighed by its prejudice to the State. State v. Wilbely, 122 N.J.Super. 463, 467 (App.Div.1973), rev’d on other grounds, 63 N.J. 420 (1973). However, assuming that discretion to exclude evidence of a prior conviction of a State’s witness is reposed in a trial judge, my colleague in the…