On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 04-10-2032.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 28, 2007
Before Judges Payne, Sapp-Peterson and Messano.
Defendant, Tyrone Daniels, who on August 30, 2004 robbed at gunpoint a cashier in the general cashiering office of Atlantic City's Taj Mahal casino, taking $74,836.75 in cash, was convicted of two counts of first-degree armed robbery, N.J.S.A. 2C:15-1, one count of first-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, one count of fourth-degree assault, N.J.S.A. 2C:12-1b(4), one count of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, and one count of third-degree unlawful possession of a weapon, a gun, N.J.S.A. 2C:39-5b. The State's motion for an extended term was denied. However, defendant was sentenced to a custodial term of twenty years, subject to the eighty-five-percent period of parole disqualification required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
On appeal, defendant raises the following arguments:
THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED WHEN CO-DEFENDANT ROBERTSON TESTIFIED AS A STATE'S WITNESS DRESSED IN ORANGE PRISON GARB.
ADMISSION OF THE DEFENDANT'S "DOC" PHOTOGRAPH INTO EVIDENCE, IN CONJUNCTION WITH DETECTIVE SMITH'S TESTIMONY THAT HE "KNEW" A PERSON CALLED "CREAM," MADE IT NECESSARY FOR THE TRIAL COURT TO GIVE SUA SPONTE THE MODEL JURY CHARGE ON POLICE PHOTOGRAPHS. (Not Raised Below).
PERMITTING MS. ROBERTSON TO TESTIFY THAT SHE COOPERATED WITH THE DEFENDANT BECAUSE SHE WAS AFRAID OF HIM CONSTITUTED PLAIN ERROR. (Not Raised Below).
THE PROSECUTOR'S PROFFER CONSTITUTED A MISREPRESENTATION BECAUSE THE PROSECUTOR USED THE EVIDENCE AS OTHER BAD ACTS EVIDENCE TO SHOW ...