On appeal from the Superior Court of New Jersey, Law Division, Essex County.
Approved for Publication July 16, 1997.
Before Judges Pressler, Humphreys and Wecker. The opinion of the court was delivered by Wecker, J.
The opinion of the court was delivered by: Wecker
The opinion of the court was delivered by
WECKER, J.S.C. (temporarily assigned).
After a jury trial, defendant Patrick McNeil was convicted of second degree robbery, in violation of N.J.S.A. 2C: 15-1, and sentenced to a ten-year state prison term with a five-year parole disqualifier. On appeal, defendant argues:
THE REFUSAL OF THE TRIAL COURT TO GRANT DEFENDANT'S REQUEST FOR A JURY INSTRUCTION ON IDENTIFICATION WHERE THE SOLE DEFENSE WAS ONE OF MISIDENTIFICATION, DENIED DEFENDANT DUE PROCESS OF LAW AND A FAIR TRIAL.
MS. PETROZIAN'S OUT-OF-COURT IDENTIFICATION OF DEFENDANT, WHO WAS SEATED IN A POLICE CRUISER WHEN SHE IDENTIFIED HIM AS THE ROBBER, AND IN-COURT IDENTIFICATION WERE GROSSLY SUGGESTIVE AND UNRELIABLE, THEREBY DENYING DEFENDANT DUE PROCESS OF LAW AND A FAIR TRIAL.
THE TRIAL COURT'S SUA SPONTE "FLIGHT" CHARGE, WITHOUT WARNING TO DEFENSE COUNSEL, WAS INCORRECT AND NOT SUPPORTED BY ANY EVIDENCE, THEREBY DENYING DEFENDANT DUE PROCESS OF LAW AND A FAIR TRIAL.
THE IMPOSITION OF A MAXIMUM TEN YEAR TERM OF IMPRISONMENT WITH A MAXIMUM DISCRETIONARY FIVE YEAR PERIOD OF PAROLE INELIGIBILITY WAS EXCESSIVE AND NOT SUPPORTED BY A PROPER ...