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State v. Burrus

December 10, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DURAN A. BURRUS A/K/A RASHARD AMIR, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 05-06-0350.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 31, 2007

Before Judges Axelrad, Payne and Messano.

Defendant Duran Burrus appeals from: 1) the judgment of conviction and the sentence imposed following the jury's verdict finding him guilty of distributing cocaine, N.J.S.A. 2C:35-5a(1) and -5b(3); and 2) the sentence imposed following his plea of guilty to violating probation. He raises the following points on appeal:

POINT I

THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO DISCLOSE THE IDENTITY OF THE CONFIDENTIAL INFORMANT.

POINT II

THE TRIAL COURT FAILED TO ADEQUATELY INSTRUCT THE JURY REGARDING CROSS-RACIAL IDENTIFICATION.

POINT III

THE DEFENDANT IS ENTITLED TO A REMAND FOR A DETERMINATION AS TO THE REASONS FOR THE STATE'S DECISION TO SEEK AN EXTENDED TERM AND WHETHER SUCH A DECISION WAS ARBITRARY AND CAPRICIOUS. (NOT RAISED BELOW)

POINT IV

THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE.

Defendant's pro se brief reiterates the first point and raises one additional point.

THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO SUPPRESS THE ...


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