State v. Hernandez

The opinion of the Court was written by

LaVECCHIA, J.

This appeal presents an opportunity for the Court to consider whether uncorroborated, “other-crimes” testimony provided by a co-defendant cooperating with the prosecution should be banned per se because it cannot satisfy the “clear and convincing” standard of proof required for the admission of other-crime evidence. Prior to trial, defendant David Hernandez sought to limit the testimony of George Gerardi, who, although indicted with defendant for certain drug offenses, agreed to give testimony against defendant in exchange for a more lenient…