On appeal from the Superior Court of New Jersey, Law Division, Mercer County.
Before Judges Brody, Stern and Keefe.
The opinion of the court was delivered by
Defendant was charged in three counts of a twenty-four count indictment with conspiracy to receive and fence stolen property, N.J.S.A. 2C:5-2 (count one), theft by receiving stolen property, N.J.S.A. 2C:20-7 and 2C:2-6 (count two), and fencing, N.J.S.A. 2C:20-7.1 and 2C:2-6 (count three). The charges alleged offenses occurring between April 28, 1982 and April 27, 1987, and aggregating more than $75,000 and, hence, were second degree crimes, N.J.S.A. 2C:5-4a, 2C:20-2b(1)a. However, by order entered on December 15, 1989, the second and third counts were "amended to reflect a shortened alleged time period of April 10, 1987 to April 27, 1987 and to reflect a reduced stolen property value of over $500." Hence, counts two and three, as amended, embodied third degree crimes. N.J.S.A. 2C:20-2b(2)a. The Judge declined to so amend the conspiracy count which related to defendant, his father and twenty other co-defendants. Only defendant and his father were charged in counts two and three.
Defendant was convicted on the three counts and sentenced to seven years in the custody of the Commissioner of the Department of Corrections on count one. He was also fined $7,500. The other convictions were merged into count one.*fn1
On this appeal defendant argues:
POINT I THE DEFENDANT'S MOTION TO DISMISS THE
INDICTMENT SHOULD HAVE BEEN GRANTED.
POINT II THE DENIAL OF THE DEFENDANT'S MOTION TO
RECUSE THE COURT WAS ERROR.
POINT III THE DEFENSE ATTORNEY'S MOTION TO BE
RELIEVED AS COUNSEL SHOULD HAVE BEEN
POINT IV THE ADMISSION INTO EVIDENCE OF ITEMS
NOT PROVEN TO BE STOLEN WAS ERROR.
POINT V CERTAIN CONDUCT BY THE PROSECUTOR WAS
IMPROPER AND DEPRIVED THE DEFENDANT OF
POINT VI IT WAS ERROR FOR DETECTIVE O'DONNELL TO
GIVE EXPERT TESTIMONY REGARDING A FENCING
POINT VII THE ADMISSION OF TESTIMONY REGARDING TAPED
CONVERSATIONS NOT ADMITTED INTO EVIDENCE
POINT VIII CERTAIN TESTIMONY WAS ADMITTED INTO
EVIDENCE IN VIOLATION OF THE ...