State v. Candelaria

In State v. Candelaria, 311 N.J. Super. 437, 450-51, 710 A.2d 545 (App.Div.), certif. denied, 155 N.J. 587, 715 A.2d 990 (1998) a robbery victim testified to a statement by the defendant (whom the victim identified as the robber) that he did not want to shoot anybody, "I just want money." The victim said he had also asked the robber why he wanted the money, and the latter responded, "I need drugs." The Court refused to reverse defendant's conviction "because the jury learned he the defendant had previously used illegal drugs and perpetrated drug offenses." 311 N.J. Super. at 450, 710 A.2d 545. The court said the evidence was admissible as part of the res gestae, describing what the defendant said to the victim during the robbery. However, the court then seemed to suggest its uncertainty as to the propriety of the entire exchange by noting that, "in any event" there was no objection and there was no "plain error." Id. at 451, 710 A.2d 545.