On appeal from Superior Court, Law Division, Atlantic County.
Approved for Publication May 4, 1995.
Before Judges King, Muir Jr. *fn1 and Eichen. The opinion of the court was delivered by Eichen, J.s.c. (t/a)
The opinion of the court was delivered by: Eichen
On February 27, 1992 an Atlantic County grand jury returned a single-count indictment charging defendant with unlawfully and purposefully attaining by deception property in excess of $500 with purpose to deprive the owner thereof, in violation of N.J.S.A. 2C:20-4. In April 1993, defendant was tried and found guilty by a jury. Thereafter, defendant's motion for a judgment of acquittal or a new trial was denied. On May 21, 1993, the Judge sentenced defendant to 180 days in the county jail as a condition of a three-year probationary term, a V.C.C.B. penalty of $50, restitution of $3,689, and a fine of $350. After the Judge denied bail pending appeal, we granted defendant bail during the pendency of this appeal.
On appeal, defendant raises the following contentions:
THE TRIAL COURT ERRED IN PROHIBITING CROSS-EXAMINATION AS TO BIAS OR MOTIVE TO FABRICATE.
THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE, OR, IN THE ALTERNATIVE, THERE WAS A VIRTUAL ABSENCE OF PROOF OF ONE ELEMENT OF THE CHARGED CRIME - THE ACTUAL OCCURRENCE OF A THEFT, AND/OR THE AMOUNT OF THE THEFT.
TESTIMONY CONCERNING OTHER ALLEGED SHORTAGES, AND MULTIPLE OTHER INSTANCES OF "BAD ACTS" WHOLLY AMBIGUOUS AND NOT SHOWN TO BE ATTRIBUTED TO THE DEFENDANT, VIOLATED EVID. R. 55 AND DENIED THE DEFENDANT A FAIR TRIAL.
THE ADMISSION INTO EVIDENCE OF AN OFFER OF COMPROMISE/SETTLEMENT OF A CLAIM WAS PLAIN ERROR AND DENIED ...