Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Love

Decided: January 9, 1991.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALVIN LOVE, DEFENDANT-APPELLANT



On appeal from Superior Court of New Jersey, Law Division, Atlantic County.

Brody and D'Annunzio. The opinion of the court was delivered by D'Annunzio, J.A.D.

D'annunzio

[245 NJSuper Page 196] Tried by a jury under Atlantic County Indictment No. 88-03-0671, defendant was convicted of third degree burglary (N.J.S.A. 2C:18-2) and third degree theft (N.J.S.A. 2C:20-3a). The court sentenced defendant to concurrent five-year terms of imprisonment with a 2 1/2 year term of parole ineligibility. Those sentences were to be served consecutively to a sentence that he was serving at the time. Defendant now appeals and makes the following contentions:

POINT I

The testimony of investigator Prendergast that he had prior contact with defendant when he interviewed defendant during a previous homicide investigation was unduly prejudicial and requires a reversal. (Not raised below).

POINT II

The defendant's conviction for burglary and theft was against the weight of the evidence. (Not raised below).

POINT III

The trial court's instruction to the jurors that it was their sole interest to ascertain the truth diluted the State's burden of proof and deprived defendant of due process. (U.S. Const. Amend. XIV; N.J. Const. (1947), Art. I, Par. 1) (Not raised below).

POINT IV

The imposition of a sentence above the presumptive term as well as a parole disqualifier was contrary to the sentencing guidelines as the court failed to consider mitigating factors.

We have carefully reviewed the record and, in light of applicable law, we conclude that those contentions are without merit.

As to Point I, we note that it was defense counsel who established through cross-examination that Investigator Prendergast, whose residence had been burglarized, had prior professional contact with defendant. We conclude that Prendergast's response to defense counsel's questions was harmless. When asked by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.