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State v. Moya

October 18, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE MOYA, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 05-06-1212.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 3, 2007

Before Judges Axelrad and Messano.

Following denial of defendant Jose Moya's motion to suppress his confession after a Miranda*fn1 hearing, the jury convicted him of third-degree shoplifting, N.J.S.A. 2C:20-11b(1). He was acquitted of hindering apprehension, N.J.S.A. 2C:29-3b(4), for providing a false name to the officer. The court sentenced defendant to a five-year custodial term with a two and one-half year period of parole ineligibility. The appropriate mandatory applicable fines and assessments were also imposed.

On appeal, defendant argues:

POINT I

THE TRIAL COURT ERRED IN RULING THAT THE DEFENDANT VOLUNTARILY WAIVED HIS MIRANDA RIGHTS.

POINT II

THE TRIAL COURT ERRED BY DENYING THE MOTION FOR A JUDGMENT OF ACQUITTAL.

POINT III

THE CONDUCT OF THE PROSECUTOR, WHICH EXCEEDED THE BOUNDS OF PROPER ADVOCACY, DENIED THE DEFENDANT A FAIR TRIAL.

POINT IV

THE SENTENCE IMPOSED WAS UNJUST, INAPPROPRIATE AND ...


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