State v. Feal

In State v. Daniels, exercising our supervisory role over the administration of criminal justice, we issued a blanket prohibition against a prosecutor’s “drawing the jury’s attention to defendant’s presence during trial and his concomitant opportunity to tailor his testimony” during summation. 182 N.J. 80, 98, 861 A.2d 808 (2004) (citing Portuondo v. Agard, 529 U.S. 61, 70-71, 120 S.Ct. 1119, 1126, 146 L.Ed.2d 47, 57 (2000)). We further stated that “at no time during cross-examination may the prosecutor reference the defendant’s attendance at trial or his ability to hear the testimony of…