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State v. Tuck

July 23, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ZAAIR TUCK, A/K/A MALIK A. KINMEN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 06-09-0843.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 4, 2009

Before Judges Lisa and Sapp-Peterson.

Defendant, Zaair Tuck, was indicted for third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5), upon a Union County Jail law enforcement officer. Following trial, a jury convicted defendant of fourth-degree aggravated assault. The court imposed an eighteen-month custodial sentence together with appropriate fines and penalties.

On appeal defendant contends:

POINT I

OBSTRUCTING THE ADMINISTRATION OF LAW OR OTHER GOVERNMENTAL FUNCTION SHOULD HAVE BEEN CHARGED AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT. (NOT RAISED BELOW).

POINT II

THE PROSECUTOR ENGAGED IN MULTIPLE INSTANCES OF MISCONDUCT ON SUMMATION WHICH SINGULARLY AND CUMULATIVELY DEPRIVED DEFENDANT OF A FAIR TRIAL. (NOT RAISED BELOW).

POINT III

THE COURT ERRONEOUSLY FAILED TO PROVIDE ADEQUATE LIMITING INSTRUCTIONS REGARDING THE EVIDENCE THAT DEFENDANT WAS IN JAIL AND BELONGED IN THE JAIL'S DETENTION UNIT AS A RESULT OF HIS INFRACTION OF PRISON RULES AND REGULATIONS. (NOT RAISED BELOW).

POINT IV

DEFENDANT WAS DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

POINT V

DEFENDANT WAS DEPRIVED OF HIS CONSTITUTIONAL RIGHT TO A FAIR OPPORTUNITY ...


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