SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

State v. Darren L. Bradshaw (A-46-07)

Argued March 25, 2008 -- Decided July 10, 2008

WALLACE, J., writing for a unanimous Court.

In this appeal, the Court addresses whether the trial court properly refused to allow defendant to give alibi testimony based on his failure to provide timely notice of his alibi to the State under Rule 3:12-2. In addition, the Court considers whether the prosecutor’s summation was fair when he expressed his opinion that because the victim was deaf and mute, she had a heightened sensory perception and therefore her identification of defendant was reliable.