On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 06-06-1744.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Lisa and Lihotz.
After a jury trial, defendant, Barrett Young, was convicted of third-degree burglary, N.J.S.A. 2C:18-2, the sole count in the indictment and sentenced to five years imprisonment with a two and one half-year parole disqualifier. The trial court ordered the sentence to run concurrently with two other five-year sentences imposed on prior indictments.
On appeal, defendant presents these arguments for our consideration:
THE JURY INSTRUCTION ON ORAL STATEMENTS UNDERMINED THE DEFENSE THAT THE POLICE HAD FABRICATED THE CONFESSION (Not Raised Below).
DEFENDANT'S CASE SHOULD BE REMANDED FOR A HEARING AS TO WHETHER THE CONVICTION AND SENTENCE SHOULD BE VACATED IN LIGHT OF STATE V. MEYER.
The facts as presented at trial reveal that Alice Fields's residence was burglarized on February 16, 2006. A video cassette recorder (VCR) and a Sony Play Station gaming system were stolen. Douglas Marshall, the investigating detective, interviewed defendant at the Newark South District Detective Squad interviewing room, where he was being questioned regarding other matters. After defendant was read his Miranda rights,*fn1 he initialed the Miranda rights card and admitted to Marshall that he took "a Sony Play Station [and a] VCR."
Defendant then explained "that I have nothing to lose, you know, I'm sick, I got prostate cancer, and I got to survive."
Detective Angel Perez witnessed the administration of defendant's Miranda rights, then returned to his desk, which was about four to five feet from where Marshall was interviewing defendant. Perez stated he overheard defendant tell Marshall "that he was ill, he mentioned that he had prostate cancer, that he really had nothing to lose, and he had to do ...