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State v. Harris

November 19, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LUCKY HARRIS, A/K/A LARRY SCHUMACHER, A/K/A LUCK, A/K/A LUCKY MCGEE HARRIS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 93-05-0170.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 3, 2007

Before Judges Cuff and Simonelli.

A jury convicted defendant of third degree receiving stolen property, contrary to N.J.S.A. 2C:20-7 (count one); and third degree altering a motor vehicle identification number (VIN) in his possession for the unlawful purpose of re-plating another motor vehicle, contrary to N.J.S.A. 2C:17-6 (count two). The trial judge sentenced defendant to five years imprisonment with a two and one-half year period of parole ineligibility on count one and a concurrent five years with a two and one-half year period of parole ineligibility on count two. The trial judge also imposed the appropriate assessments.

On appeal, defendant presents the following issues:

POINT I

THE DEFENDANT WAS DENIED HIS RIGHT TO DUE PROCESS, A FAIR JURY TRIAL, AND THE EFFECTIVE ASSISTANCE OF COUNSEL BECAUSE OTHER-CRIMES EVIDENCE WAS DIRECTLY PRESENTED TO THE JURY BY DEFENDANT'S OWN COUNSEL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART 1, PARA. 1, 10. (NOT RAISED BELOW)

POINT II

THE COURT COMMITTED REVERSIBLE ERROR IN ADMITTING NCIC [NATIONAL CRIME INFORMATION CENTER] RECORDS PURSUANT TO N.J.R.E. 803(c)6.

POINT III

THE WEIGHT OF THE EVIDENCE DID NOT SUPPORT THE VERDICT. (NOT RAISED BELOW)

POINT IV

THE SENTENCE IMPOSED WAS MANIFESTLY ...


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