State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Ryan Buda, Defendant-Respondent and Cross-Appellant

Summary

The Supreme Court of New Jersey held that both the July 2002 and October 2002 statements made by the three‑year‑old victim were non‑testimonial excited utterances admissible under N.J.R.E. 803(c)(2), affirmed the trial court's discretionary rulings, reinstated the defendant's convictions and remanded for consideration of the remaining issues. Justice Albin dissented, arguing the statements were testimonial and should be excluded.