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State v. Serrano

Decided: November 7, 1986.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE SERRANO, DEFENDANT-APPELLANT



On appeal from the Superior Court, Law Division, Middlesex County.

Pressler, Gaulkin and Baime.

Per Curiam

[213 NJSuper Page 420] Defendant was found guilty by a jury of third-degree terroristic threats (First Count, N.J.S.A. 2C:12-3a), second-degree kidnapping (Second Count, N.J.S.A. 2C:13-1b), second-degree possession of a rifle for an unlawful purpose (Third Count, N.J.S.A. 2C:39-4a), two counts of third-degree possession of weapons with purpose to use unlawfully (Fourth and Fifth Counts, N.J.S.A. 2C:39-4d), fourth-degree aggravated assault (Sixth Count, N.J.S.A. 2C:12-1b(3)) and first-degree murder (Seventh Count, N.J.S.A. 2C:11-3). He was sentenced to custodial terms aggregating life imprisonment plus 16 years with parole ineligibility periods aggregating 32 1/2 years. On this appeal from the judgment, defendant urges:

POINT I.

The defendant was entitled to relief from prejudicial joinder pursuant to Rule 3:15-2(b).

POINT II.

The New Jersey insanity statutes are unconstitutional.

POINT III.

Defendant's statement subsequent to his arrest should have been excluded.

POINT IV.

The trial court erred in failing to charge N.J.S.A. 2C:4-2.

POINT V.

The trial court erred in failing to charge the ...


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