State v. Dehart

The opinion of the court was delivered by

HAAS, J.S.C.

(temporarily assigned).

In this appeal, we address the issue of whether it was plain error for a police officer to provide hearsay testimony explaining why he included defendant’s photograph in a photo array and for the prosecutor to highlight that testimony in summation. We also consider whether the trial court was required to instruct the jury on the elements of attempted robbery even though such an instruction was not requested by defendant.

After reviewing the record in light of the contentions advanced on appeal, we determine the police…