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State v. Chatman

Decided: January 31, 1978.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHARLES CHATMAN, DEFENDANT-APPELLANT



Michels, Pressler and Bilder.

Per Curiam

Defendant Charles Chatman was found guilty by a jury of the murder of Robert Taylor in the second degree while armed, and was sentenced to consecutive State Prison terms totalling 24 to 27 years.

Defendant appeals, seeking a reversal of his convictions and modification of his sentences on the following grounds set forth in his brief:

POINT I The trial judge erred in refusing to permit defendant's witness, Peter DeForest, to testify as an expert.

POINT II The trial judge erred in permitting the results of the flameless atomic absorption analysis in evidence.

POINT III The trial judge erred in refusing defendant's motion to dismiss the felony murder portion of the indictment and by including that crime in the jury charge.

POINT IV The prosecutor in summation infringed upon the defendant's right to remain silent.

POINT V The totality of the circumstances surrounding the out of court identification procedure violated due process and tainted the subsequent in court identification.

POINT VI The trial judge committed reversible error in his rulings on the admission of evidence.

POINT VII The trial judge erred in denying defense counsel's motion for a mistrial based on the conduct of the trial judge.

POINT VIII The sentence imposed is manifestly excessive and should be reduced and modified.

We have carefully considered these contentions and all of the arguments advanced by defendant in their support. We find them to be clearly without merit. R. 2:11-3(e)(2).

The question of the scientific admissibility of results of the Flameless Atomic Absorption Analysis test apparently has not been decided in any reported decision in this State. The test is performed on swabbings taken of the back hand and palm of an individual suspected of firing a gun. The wipings are taken with cotton swabs ...


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