Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Charles Marshall Berry, Defendant-Respondent; State of New Jersey…

May 4, 1995140 N.J. 280

Summary

The Supreme Court considered two separate issues: whether the record, including expert testimony, provided sufficient evidential support for Charles Marshall Berry's convictions for possession of cocaine and possession with intent to distribute, and whether expert testimony describing the modus operandi of street‑level drug dealers is admissible in drug‑distribution prosecutions. The Court reversed the Appellate Division's reversal of Berry's convictions, reinstating them, and affirmed the Appellate Division's order admitting such expert testimony in State v. Cannon. The decisions were based on the Court's interpretation of New Jersey Rule of Evidence 702 and related case law.