Opinion Testimony (Part 3)

by | Mar 17, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Fernandez-Vina continued in relevant part: The Court reviews in detail cases in which it considered police officer opinion testimony. In State v. McLean, an officer saw the defendant hand some small items to a second person, who then handed defendant what appeared to be money. 205 N.J. 438, 443-44 (2011). At trial, the officer testified as to what he saw during the surveillance, identified the defendant by name, and stated he saw “hand-to-hand drug transactions.” The McLean Court concluded that the officer’s testimony regarding drug transactions was improper “both because it was an expression of a belief in defendant’s guilt and because it presumed to give an opinion on matters that were not beyond the understanding of the jury.”

In State v. Lazo, the Court noted that “lay witness testimony is permissible where the witness has had sufficient contact with the defendant to achieve a level of familiarity that renders the lay opinion helpful.” 209 N.J. 9, 22 (2012). The Lazo Court held that an officer’s lay opinion testimony as to whether the defendant’s arrest photo closely resembled a composite sketch of the defendant should not have been allowed because it was not based on the officer’s prior knowledge, but rather “stemmed entirely from the victim’s description.”

In contrast, a police officer’s lay opinion testimony was found admissible in State v. LaBrutto, 114 N.J. 187, 191 (1989). Noting that the officer conducted his own investigation of an automobile accident, the LaBrutto Court held that his testimony “was rationally based on what he observed . . . and it was helpful to the jury’s full comprehension of the facts in question.” Id. at 202. Significantly, the Court found no merit in the position that the officer’s opinion on the point of impact invaded the province of the jury or was “unnecessary because the average juror can readily determine the point of impact from the officer’s description of the physical evidence.” Id. at 199.

Here we see the groundwork for the majority’s watering-down of our lay opinion jurisprudence to the prosecution’s advantage. The Court also signals to prosecutors that their witnesses should have “sufficient contact” with defendants in order to increase their odds being able to use prejudicial opinion testimony.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
Daniel K
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Like clockwork thank you for all the info
Lee M
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P