(Modified April 2, 2013: see court order)

In Case No. 2010-0816, State of New Hampshire v. Timothy Perri, the court on April 2, 2013, issued the following order: The court has been informed by the parties of a factual error in the slip opinion dated December 7, 2012 (modified January 10, 2013). The parties agree that the error should be corrected. Accordingly, the slip opinion is modified as follows: 1. The first two sentences of the first paragraph on page 10 of the slip opinion are modified by replacing the word “arrested” with the word “detained,” and by replacing the word “arresting” with the word “detaining,” so that said sentences as modified shall state as follows: Next, the defendant argues that the trial court erred in denying his motion to suppress evidence that he possessed a folding pocket knife when he was detained. The State presented the detaining officer’s testimony describing the pocket knife as evidence tending to corroborate N.R.’s statement that her attacker held a folding pocket knife against her throat and threatened to kill her during the assault. 2. The first sentence of the last paragraph on page 11 of the slip opinion is modified by replacing the word “arrested” with the word “detained,” so that said sentence as modified shall state as follows: The defendant contends that the evidence had no probative value because the State did not establish that the knife found on him when he was detained was the same as, or even similar to, the knife used in the August 22, 2008 assault.

Slip opinion modified.

This order is entered by a single justice (Hicks, J.). See Rule 21(7).

Eileen Fox, Clerk