context: The balancing of these factors is a delicate task for a trial judge. However, as with all 404(b) evidence, greater leeway is given when the evidence is proffered on the issue of motive, and there must be a "very strong" showing of prejudice to exclude evidence of a defendant's motive.
citation_a.signal: see also
citation_a.identifier: 148 N.J. 389, 389
citation_a.parenthetical: evidence of prior jealous episodes by defendant toward his former girlfriend held admissible to show his motive in shooting her male friend
citation_a.sentence: See also Nance, supra, 148 N.J. at 389, 689 A.2d 1351 (evidence of prior jealous episodes by defendant toward his former girlfriend held admissible to show his motive in shooting her male friend); State v. Erazo, 126 N.J. 112, 130-31, 594 A.2d 232 (1991) (upholding admission of evidence that defendant had been convicted of prior murder as necessary to support State’s theory that defendant killed victim to prevent her from causing revocation of his parole); State v. Baldwin, 47 N.J. 379, 391, 221 A.2d 199, cert. denied, 385 U.S. 980, 87 S.Ct. 527, 17 L.Ed.2d 442 (1966) (evidence that victim was going to testify against defendant in a robbery trial admissible to show motive for killing the victim); State v. Crumb, 307 N.J.Super. 204, 232-33, 704 A.2d 952 (App.Div.1997), certif. denied, 153 N.J. 215, 708 A.2d 66 (1998) (defendant’s writings showing hatred of African Americans held admissible to show motive for killing of stranger); State v. Engel, 249 N.J.Super. 336, 372-74, 592 A.2d 572 (App.Div.), certif. denied, 130 N.J. 393, 614 A.2d 616 (1991) (prior threats and physical violence admissible to establish motive for murder of former wife); State v. Slocum, 130 N.J.Super. 358, 362-63, 327 A.2d 244 (App.Div.1974) (testimony that victim previously testified against defendant in prior prosecution held admissible to show malice or revenge).
citation_b.signal: no signal
citation_b.parenthetical: holding that in a prosecution for lurking, evidence of a prior act of lewdness by defendant was admissible to establish motive
citation_b.sentence: Covell, supra, 157 N.J. at 570, 725 A.2d 675 (holding that in a prosecution for lurking, evidence of a prior act of lewdness by defendant was admissible to establish motive).