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State v. Turner

June 10, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DESROY L. TURNER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 03-07-0653.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 5, 2008

Before Judges Lisa, Lihotz and Simonelli.

Defendant, Desroy L. Turner, was indicted for first degree murder, contrary to N.J.S.A. 2C:11-3a(1) or N.J.S.A. 2C:11-3a(2) (count one); second degree possession of a weapon for an unlawful purpose, contrary to N.J.S.A. 2C:39-4a (count three); third degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b (count five); and second degree certain persons not to possess weapons, contrary to N.J.S.A. 2C:39:7 (count seven). A jury convicted defendant on counts three and five, and acquitted on count seven. On count one, the jury convicted defendant of the lesser charge of aggravated manslaughter. The trial judge merged count three into count one, and sentenced defendant to a twenty-one year term of imprisonment with an eighty-five percent period of parole ineligibility. On count five, the judge sentenced defendant to a consecutive five-year term of imprisonment with a one-year period of parole ineligibility. The judge also imposed the appropriate assessments, penalties and fees.

On appeal, defendant raises the following arguments:

POINT I

THE DEFENDANT'S REQUEST THAT THE TRIAL JUDGE NOT INSTRUCT THE JURY AS TO LESSER INCLUDED OFFENSES SHOULD HAVE BEEN GRANTED.

POINT II

THE DEFENDANT'S MOTIONS FOR MISTRIAL SHOULD HAVE BEEN GRANTED.

A. Motion For Mistrial Due To Reference To Booking Photo from LAPD Regarding Defendant Should Have Been Granted.

B. Motion For Mistrial Due To Hearing NonEvidential Statement of Witness During Readback Should Have Been Granted.

POINT III

THE JURY VERDICTS WERE AGAINST THE WEIGHT OF THE EVIDENCE.

POINT IV

THE REQUEST FOR THE COURT TO CHARGE THE JURY THAT CHRISTOPHER HALL REFUSED TO TESTIFY OR WAS A SUSPECT IN THE DEATH OF MARIO MINTO SHOULD HAVE BEEN GRANTED.

POINT V

THE SENTENCE IMPOSED WAS MANIFESTLY ...


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