On appeal from Superior Court of New Jersey, Law Division, Salem County, Indictment No. 06-10-0466.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 13, 2009
Before Judges Graves and Grall.
Defendant Anthony Martin was charged with various offenses in a twelve-count indictment. His trial commenced on June 6, 2007, and the court granted a judgment of acquittal on counts three, five, six, nine, and twelve at the end of the State's case pursuant to Rule 3:18-1. The jury returned a verdict of not guilty on counts one, seven, and eight but the jury returned a guilty verdict on four counts of the indictment: fourth-degree aggravated assault for recklessly causing bodily injury to Stephen Fultz with a deadly weapon, N.J.S.A. 2C:12-1(b)(3) (count two); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count four); and third-degree attempt to cause bodily injury to Tyson Jacobs and Chuckie Epps, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:12-1(b)(2) (counts ten and eleven). Defendant was sentenced to a seven-year prison term on count four, with concurrent three-year terms on counts ten and eleven, and a concurrent nine-month term on count two. The court also imposed concurrent three-year prison terms on two violations of probation charges, which defendant pled guilty to.
On appeal, defendant presents the following arguments:
THE INTRODUCTION OF AN INCULPATORY, OUT-OF-COURT STATEMENT OF A NON-TESTIFYING WITNESS DEPRIVED MR. MARTIN OF HIS RIGHTS TO DUE PROCESS OF LAW AND CONFRONTATION. (U.S. CONST. AMENDS. VI AND XIV; N.J. CONST. (1947), ART. I, PARS. 1, 9 AND 10.) (Not Raised Below).
THE PROSECUTOR VIOLATED MR. MARTIN'S RIGHT TO A FAIR TRIAL BY TELLING THE JURY THAT MR. MARTIN WAS INCARCERATED, AND THE COURT'S INSTRUCTION TO THE JURY TO DISREGARD THE STATEMENT BECAUSE "THE REASON ANYONE MAY HAVE BEEN IN JAIL IS NOT ASSOCIATED WITH THIS CASE" FURTHER PREJUDICED MR. MARTIN.
THE COURT ERRED BY ADMITTING INTO EVIDENCE TWO NON-PROBATIVE, PREJUDICIAL PRIOR BAD ACTS, DEMONSTRATING MR. MARTIN'S BAD CHARACTER.
MS. [AMBROSI'S] LAY OPINION THAT MR. MARTIN TRIED TO SHOOT MR. JACOBS WAS INADMISSIBLE UNDER N.J.R.E. 701 AND INVADED THE ...