to have been that this person, who was also African-American, had in fact been the man who robbed the cab driver. 4 . The cab driver was not initially presented with a photo array because the detective thought the driver had not "seen the robber's face well enough.” 5 . One count, relating to the robbery of the other man, was dismissed by the State just prior to trial. 6 . Kelly suggests this was an improper statement. The State characterizes it as a "slip of the tongue” corrected by the prosecutor. No objection was made at trial. 7 . In Cromedy, the New Jersey court held that, although not entitled to expert testimony, the defendant was entitled to a jmy instruction on this issue. See Cromedy, 727 A.2d at 467-68. 8 . See United States v. Smith, 122 F.3d 1355, 1359 (11th Cir.1997) (<HOLDING>); United States v. Serna, 799 F.2d 842, 849 (2d
holding failure to exercise discretion is abuse of discretion holding it was not an abuse of discretion to deny funds holding it was not an abuse of discretion to exclude testimony holding the courts ruling to admit or exclude evidence will only be reversed if it constituted an abuse of discretion amounting to an error of law holding that we review for abuse of discretion a decision to exclude a document for lack of authentication