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State v. Gross

Decided: February 10, 1987.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT,
v.
ANTHONY GROSS, DEFENDANT-APPELLANT AND CROSS-RESPONDENT



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

Pressler, Gaulkin and Baime. The opinion of the court was delivered by Gaulkin, J.A.D.

Gaulkin

Defendant was found guilty by a jury of murder (First Count, N.J.S.A. 2C:11-3a(1) and (2)), possession of a handgun without having obtained the requisite permit (Second Count, N.J.S.A. 2C:39-5b) and possession of the handgun with a purpose to use it unlawfully against the person of another (Third Count, N.J.S.A. 2C:39-4a). At sentencing, the trial judge imposed a 30 year custodial term with 15 years of parole ineligibility on the First Count; he merged the Second Count conviction into the Third Count conviction, on which he imposed a consecutive 7 year custodial term with 3 1/2 years of parole ineligibility. On this appeal from the judgment, defendant urges:

POINT I.

The permitting of the State to introduce the defendant's notice of alibi and to argue to the jury that adverse inferences could be drawn from the defendant's failure to produce an alibi witness including perjury constituted error.

POINT II.

The questioning of defendant by Detective Robertson as to his name without proper Miranda warnings was unconstitutional.

POINT III.

The admission of photos of the victim causing his mother to [cry] constituted error.

POINT IV.

The failure of the court to act upon the violation of sequestration order constituted error. (Part raised below).

POINT V.

The court's admission of Sykes' statement was improper and the failure to give an appropriate instruction to ...


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