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State v. Murphy

March 22, 2005

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KENDALL MURPHY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 00-11-1275-I.

Before Judges A. A. Rodríguez, Cuff and Weissbard.

The opinion of the court was delivered by: Cuff, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 7, 2005

Following a jury trial, defendant was convicted of third degree theft from the person, contrary to N.J.S.A. 2C:15-1a(1), and acquitted of second degree robbery. He was sentenced to a four-year term of imprisonment. In addition to restitution in the amount of $664.34, the appropriate assessments and penalties were also imposed.

On appeal, defendant raises the following arguments:

POINT I

THE DEFENDANT'S CONVICTION MUST BE REVERSED, SINCE THE PLEA AGREEMENT ENTERED INTO WITH CO-DEFENDANT RALPH MONACO, REQUIRING HIM TO INCULPATE DEFENDANT, EFFECTED THE RELIABILITY AND TRUSTWORTHINESS OF MONACO'S TRIAL TESTIMONY AND CREATED A SIGNIFICANT RISK OF PERJURY, THEREBY DENYING DEFENDANT HIS DUE PROCESS RIGHT TO A FAIR TRIAL. (U.S. CONST. AMEND. XIV; N.J. CONST. OF 1947, ART. I, 9, 10).

POINT II

THE DEFENDANT'S CONVICTION MUST BE REVERSED, SINCE ERROR'S [sic] OF THE TRIAL COURT

BEFORE THE JURY DENIED DEFENDANT HIS DUE PROCESS RIGHT TO RECEIVE A FAIR TRIAL. (U.S. CONST. AMEND. XIV; N.J. CONST. OF 1947, ART. I, 9, 10).

A. The trial court's instructions were erroneous and misleading with respect to the guilty pleas[--]co-defendants' guilty [pleas--]and with respect to the use of the testimony of the co defendants concerning the pleas.

B. The trial court erred in denying the defense motion for a mistrial following the admission of ...


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