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State v. White

February 11, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CARL WHITE, DEFENDANT-APPELLANT.



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

Approved for Publication February 12, 1997.

Before Judges Dreier, D'Annunzio and Costello The opinion of the court was delivered by D'annunzio, J.A.D.

The opinion of the court was delivered by: D'annunzio

The opinion of the court was delivered by

D'ANNUNZIO, J.A.D.

Tried to a jury under Essex County Indictment No. 2352-6-93, defendant was convicted of three counts of first degree robbery, one count of endangering the welfare of a child, and one count of possession of a weapon for an unlawful purpose. The jury acquitted defendant of possession of a handgun without a permit. The court sentenced defendant to fifteen years' imprisonment with five years of parole ineligibility on the first robbery count. The other two robbery counts and the possession of a weapon for an unlawful purpose were merged into the first robbery count. Regarding the endangering the welfare of a child, the court sentenced defendant to four years imprisonment to be served consecutively to the sentence imposed on the first robbery count. Thus, defendant's aggregate term is nineteen years imprisonment with five years of parole ineligibility.

Defendant appeals and makes the following contentions:

POINT I

DEFENDANT WAS DENIED A FAIR TRIAL WHEN THE TRIAL JUDGE ALLOWED THE PROSECUTOR TO CROSS-EXAMINE DEFENDANT AND THEN COMMENT IN SUMMATION ON IRRELEVANT AND PREJUDICIAL INFORMATION CONCERNING DEFENDANT'S LACK OF EMPLOYMENT AND THE NUMBER OF GIRLFRIENDS HE HAD ON THE DATE THAT THE ROBBERIES WERE COMMITTED.

POINT II

THE TRIAL JUDGE ERRED BY REFUSING TO SANITIZE DEFENDANT'S PRIOR CONVICTION FOR RECEIVING STOLEN PROPERTY THAT WAS USED TO IMPEACH HIS CREDIBILITY WHEN HE TOOK THE STAND.

POINT III

SINCE THE STATE DID NOT PROVE BEYOND A REASONABLE DOUBT THAT [A.J.] WAS THE VICTIM OF A THEFT, THE CONVICTION ON COUNT THREE OF THE ...


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