State of New Jersey, Plaintiff-Respondent v. Larry Irving, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the convictions, holding that a defendant's notice of alibi is a testimonial document that may be used for cross‑examination to impeach credibility, provided the trial court finds its probative value outweighs prejudice, and that the prosecutor's summation comment on the defendant's failure to produce an alibi witness and the detective's hearsay testimony were not plain error. Justice Handler and Justice O'Hern dissented, arguing the alibi notice use violates the Fifth Amendment privilege against self‑incrimination.