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State v. Gillard

December 18, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHARIF GILLARD, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 02-09-3275.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 15, 2007

Before Judges Sapp-Peterson and Messano.

Defendant Sharif Gillard appeals from a judgment of conviction entered after a jury found him guilty of the unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). He raises four arguments for our consideration.

POINT I

THE VERDICT WAS AGAINST THE WEIGHT OF [THE] EVIDENCE

POINT II

THE POLICE LACKED PROBABLE CAUSE TO JUSTIFY [THE] INVESTIGATIVE DETENTION [OF THE DEFENDANT]

POINT III

THE VERDICT MUST BE SET ASIDE FOR FAILURE TO GIVE THE DEFENDANT A FAIR TRIAL

POINT IV

IT WAS PLAIN ERROR FOR THE COURT TO FAIL TO CHARGE THE JURY ABOUT THE DEFENDANT'S UNEXPLAINED ABSENCE

We have considered these contentions in light of the record and applicable legal ...


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