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State v. Laberth

May 19, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HASAN LABERTH, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 06-10-3218.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 21, 2009

Before Judges Fuentes and Chambers.

Defendant Hasan Laberth was convicted by a jury of first-degree robbery, N.J.S.A. 2C:15-1.*fn1 The trial court sentenced him to sixteen years in state prison with an eighty-five percent period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and imposed the requisite monetary assessments and penalties.

In this appeal, defendant raises the following issues:

POINT I.

THE DEFENDANT'S RIGHT TO CONFRONTATION WAS VIOLATED BECAUSE HE WAS DENIED THE OPPORTUNITY TO CROSS-EXAMINE THE FORENSIC EXPERT WHO ANALYZED THE FINGERPRINT EVIDENCE AND LINKED THAT EVIDENCE TO THE DEFENDANT. U.S. CONST. AMENDS. VI AND XIV; N.J. CONST., ART. 1, PAR. 10.

POINT II.

DEFENSE COUNSEL'S FAILURE TO REQUEST A WADE HEARING TO CHALLENGE THE IDENTIFICATION PROCEDURE DENIED DEFENDANT THE EFFECTIVE ASSISTANCE OF COUNSEL. (Not Raised Below)

POINT III.

THE TRIAL COURT'S INCONSISTENT AND CONFUSING CHARGE ON ACCOMPLICE LIABILITY DENIED THE DEFENDANT DUE PROCESS OF LAW AND A FAIR TRIAL BECAUSE IT [DID] NOT ADEQUATELY ADVISE THE JURORS THAT AN ACCOMPLICE COULD BE GUILTY OF A LESSER CHARGE THAN THE PRINCIPAL. U.S. CONST. AMENDS. V, VI and XIV; N.J. CONST., ART. I, PARAS. 1, 9 and 10. (Not Raised Below)

POINT IV.

DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE, UNDULY PUNITIVE AND NOT IN CONFORMANCE WITH THE ...


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