State of New Jersey v. Maytee Cordero, 105 A.3d 1129

Defendant Maytee Cordero and co-defendant Chris Perez shoplifted from an Apple Store, taking over $1,700 in merchandise and leaving without paying.
Loss-prevention officers Yhap and Melendez testified that Perez concealed items behind a laptop case and Cordero carried two large Abercrombie & Fitch bags out of the store.
Defendant and Perez allegedly made self-incriminating statements; video surveillance and recordings were not preserved or signed.
State sought to admit 404(b) evidence of a prior Target shoplifting incident involving the defendants to rebut lack-of-intent/mistake defense; defense proffered that Cordero did not know items were in the bags.
Trial judge Paone offered a tentative view on admissibility before defendant testified, and ultimately postponed a final ruling until after the defense rested, viewing the prior-incident video in open court.
Defendant was convicted of third-degree shoplifting (N.J.S.A. 2C:20-11(b)) and sentenced to probation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of 404(b) evidence to rebut lack of intent	404(b) evidence relevant to intent/mistake	Evidence should be excluded or delayed	Permissible to await defendant's testimony; not abuse of discretion
Impact of tentative ruling on defendant's right to testify	Tentative view aids rebuttal; not a ruling	Tentative ruling infringes right to testify	Trial court may defer final 404(b) ruling until after defense case; no constitutional violation
Prosecutorial conduct in closing	Comments linked to societal impact of shoplifting	Comments were improper	No reversible misconduct; comments were minor and not prejudicial

State v. Marrero, 148 N.J. 469 (1997) (abuse-of-discretion review for 404(b) rulings in trials)
State v. Atkins, 78 N.J. 454 (1979) (limits on admitting 404(b) to prove motive/intent when prejudicial)
State v. Peltack, 172 N.J. Super. 287 (App. Div. 1980) (404(b) evidence to meet an element projected by defendant)
State v. Stevens, 115 N.J. 289 (1989) (limits on 404(b) for intent where essential element; balancing prejudice)
State v. Anastasia, 356 N.J. Super. 534 (App. Div. 2003) (opening statements do not open the door to rebuttal 404(b))
State v. Whitehead, 104 N.J. 353 (1986) (pretrial admissibility determinations; record completeness)
State v. Hawthorne, 49 N.J. 130 (1967) (pretrial rulings should be sparing; context matters)
State v. Jones, 308 N.J. Super. 15 (App. Div. 1998) (addressing evolving record; revisit pretrial rulings in trial)
United States v. Figueroa, 618 F.2d 934 (2d Cir. 1980) (await defense to determine admissibility of similar acts to prove intent)
United States v. Colon, 880 F.2d 650 (2d Cir. 1989) (exception to delaying 404(b) where intent would be disputed)