State of New Jersey, Plaintiff-Respondent v. D.a.

Summary

The Court reversed the Appellate Division and remanded for amendment, holding that the witness‑tampering statute N.J.S.A. 2C:28-5(a) requires a defendant to actually believe an official proceeding or investigation is pending or about to be instituted, and the evidence did not show such belief. Consequently, the tampering conviction could not stand.