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State v. Irizarry

April 2, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILFREDO IRIZARRY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, No. 04-05-0705.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 16, 2008

Before Judges Wefing, R. B. Coleman, and Lyons.

Tried to a jury, defendant was convicted of second-degree robbery, N.J.S.A. 2C:15-1, and first-degree kidnapping, N.J.S.A. 2C:13-1(b). The jury found defendant not guilty of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), and unlawful possession of a weapon, N.J.S.A. 2C:39-5(b). The trial court sentenced defendant to fifteen years in prison for kidnapping and a concurrent five years for robbery. Both sentences were subject to the provisions of the No Early Release Act, ("NERA"), N.J.S.A. 2C:43-7.2. Defendant has appealed his convictions and sentence. After reviewing the record in light of the contentions advanced on appeal, we affirm.

Defendant raises the following arguments on appeal.

POINT I.

THE DEFENDANT'S ORAL STATEMENTS MADE IN HIS BEDROOM TO OFFICER QUISH AND HIS SUBSEQUENT WRITTEN STATEMENT MADE TO DETECTIVE GUY SHOULD HAVE BEEN SUPPRESSED.

(A)

THE TRIAL COURT ABUSED ITS DISCRETION IN APPLYING THE EMERGENCY AID DOCTRINE BECAUSE OFFICER QUISH KNEW OR SHOULD HAVE KNOWN THAT THE DEFENDANT WAS A SUSPECT IN THE POKER ROOM ROBBERY WHEN HE ENTERED THE DEFENDANT'S BEDROOM.

(B)

THE TRIAL COURT ERRED IN FINDING THAT THE ENVIRONMENT AT THE POLICE STATION WAS NON-COERCIVE BECAUSE DETECTIVE GUY ENGAGED IN "UNFAIR MEANS" BY URGING THE DEFENDANT TO GIVE "HIS SIDE OF THE STORY" TO THE POLICE.

POINT II.

THE DEFENDANT'S CONVICTION FOR FIRST DEGREE KIDNAPPING ON COUNT TWO SHOULD BE REVERSED BECAUSE THE TRIAL COURT COMMITTED PLAIN ERROR AND IMPROPERLY LINKED THE CRIMINAL CULPABILITY OF THE DEFENDANT WITH THE CRIMINAL CULPABILITY OF HIS CO-DEFENDANTS BY FAILING TO INCORPORATE THE ...


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