State v. Jordan

The opinion of the Court was delivered by

GARIBALDI, J.

In this appeal, the primary issue is whether the failure of the trial court to give jury instructions in accordance with State v. Hampton, 61 N.J. 250, 294 A.2d 23 (1972), and State v. Kociolek, 23 N.J. 400, 129 A.2d 417 (1957), both individually and in the aggregate, constitutes plain error. We also consider whether the Hampton and Kociolek charges are necessary when the trial court gives a general credibility charge.

I

Early Sunday morning, October 27, 1991, Calvin Lattany was driving to his girlfriend’s house on Lawrence Street in New…