State v. Silva

A.M. STEIN, J.A.D.,

concurring.

We reverse and remand this case for a new trial because we reject the unyielding holding in State v. Plowden, 126 N.J.Super. 228, 313 A.2d 802 (App.Div.1974), certif. denied, 64 N.J. 504, 317 A.2d 717 (1974), that the failure of a sister to provide an alibi to police soon after her brother’s arrest “was inconsistent with what one could reasonably expect she would have done” had defendant been in her apartment at the time of the murder with which he was charged. 126 N.J.Super. at 230, 313 A.2d 802.

It would be unrealistic to expect Jose Silva’s sister to run to the…