State v. Hyman
New Jersey Superior Court, Appellate Division
168 A.3d 1194 (2017)

- Written by Sean Carroll, JD
Facts
As part of an ongoing investigation, law enforcement obtained a wiretap on certain phones. On one of the recorded lines, law enforcement heard Elex Hyman (defendant) allegedly agreeing to buy 200 grams of cocaine. Hyman was charged with conspiracy and possession of cocaine with intent to distribute. At trial, the prosecution (plaintiff) called Detective Fox to give his opinion, based on his “training and experience and knowledge of this investigation,” on his interpretation of certain words used in the phone call. For example, Fox opined that the phrase “that shit is good” meant that the cocaine being discussed was high quality; the word “buck” meant 100 grams of cocaine; and the phrase “up top” meant New York. Hyman was convicted, and he appealed, arguing that Fox’s testimony constituted expert testimony but that Fox was not presented or qualified as an expert witness.
Rule of Law
Issue
Holding and Reasoning (Ostrer, J.)
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