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State v. Hernandez

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Argued September 10, 2001

This appeal presents an opportunity for the Court to consider whether uncorroborated, “other-crimes” testimony provided by a co-defendant cooperating with the prosecution should be banned per se because it cannot satisfy the “clear and convincing” standard of proof required for the admission of other-crime evidence. Prior to trial, defendant David Hernandez sought to limit the testimony of George Gerardi, who, although indicted with defendant for certain drug offenses, agreed to give testimony against defendant in exchange for a more lenient sentence. Defendant sought to exclude Gerardi’s testimony concerning the business relationship between the two men in the two months preceding defendant’s arrest. The trial court admitted the testimony, and ultimately, the jury convicted defendant.

The Appellate Division reversed and remanded for a new trial. State v. Hernandez, 334 N.J. Super. 264, 274 (2000). The panel held that Gerardi’s uncorroborated testimony could not satisfy the clear and convincing standard of proof that is a prerequisite to the admission of other-crime evidence under State v. Cofield, 127 N.J. 328 (1992):

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