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State v. Byron

July 3, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARCUS BYRON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 02-09-1111.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 27, 2007

Before Judges Payne and Lihotz.

Defendant, Marcus Byron, charged with third-degree possession of CDS, N.J.S.A. 2C:35-10(a)(1), fourth-degree obstructing the administration of law, N.J.S.A. 2C:29-1, and fourth-degree resisting arrest, N.J.S.A. 2C:29-2(a), appeals from a jury verdict finding him guilty of obstructing the administration of law by fleeing arrest.

On appeal, defendant makes the following legal arguments:

POINT I

THE CONVICTION MUST BE REVERSED SINCE THE TRIAL COURT ERRED IN FAILING TO SUA SPONTE GRANT A JUDGMENT OF ACQUITTAL. (NOT RAISED BELOW.)

POINT II

THE CONVICTION MUST BE REVERSED SINCE THE JURY'S VERDICT FINDING THE DEFENDANT GUILTY OF COUNT EIGHT WAS INCONSISTENT, ILLOGICAL AND THE RESULT OF COMPROMISE. (NOT RAISED BELOW.)

POINT III

THE CONVICTION MUST BE REVERSED SINCE THE TRIAL COURT ERRED IN FAILING TO GRANT SUA SPONTE A NEW TRIAL. (NOT RAISED BELOW.)

POINT IV

THE CONVICTION MUST BE REVERSED SINCE DEFENDANT WAS DENIED A FAIR TRIAL DUE TO THE ADMISSION OF IRRELEVANT EVIDENCE OF DEFENDANT'S POST-ARREST ...


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