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State v. Perez

October 23, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANGEL PEREZ, DEFENDANT-APPELLANT.



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

Approved for Publication October 23, 1997.

Before Judges Long, Stern and Kimmelman. The opinion of the court was delivered by Stern, J.A.D.

The opinion of the court was delivered by: Stern

The opinion of the court was delivered by

STERN, J.A.D.

Defendant was convicted of distribution, N.J.S.A. 2C:35-5b(3), and distribution of cocaine within 1,000 feet of school property, N.J.S.A. 2C:35-7. The former was merged into the latter and defendant received a five-year custodial sentence with a three year period of parole ineligibility. See State v. Gonzalez, 123 N.J. 462, 588 A.2d 816 (1991).

On this appeal defendant argues:

POINT I THE TRIAL COURT ERRED BY PERMITTING THE

PROSECUTOR TO REFER TO THE PRETRIAL

SILENCE OF THE DEFENDANT'S AUNT AS IM-

PAIRING HER CREDIBILITY, AND BY FURTHER

INSTRUCTING THE JURY THAT SUCH AN INFERENCE

WAS PERMISSIBLE.

POINT II THE DEFENDANT IS ENTITLED TO A ...


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