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State v. Cantey

November 16, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANTHONY CANTEY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 04-01-0037.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 28, 2009

Before Judges Axelrad, Fisher and Espinosa.

Defendant Anthony Cantey appeals from his conviction and sentence. Following a nine-day trial, a jury convicted him of the lesser-included offenses of second-degree robbery, N.J.S.A. 2C:15-1b, and disorderly persons hindering apprehension, N.J.S.A. 2C:29-3b(4). The court sentenced defendant to an eight-year custodial term with an 85% period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the robbery conviction and imposed a concurrent six-month term on the hindering apprehension conviction. Appropriate fines and penalties were also imposed.

Defendant asserts the following arguments on appeal:

POINT I

THE TRIAL COURT ABUSED ITS DISCRETION AND COMMITTED REVERSIBLE ERROR BY DENYING THE DEFENDANT'S MOTION TO STRIKE HIS ALIAS FROM THE INDICTMENT.

POINT II

THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE BY THE PROSECUTOR IN SUMMATION (NOT RAISED BELOW).

POINT III

THE TRIAL COURT'S JURY CHARGE ON IDENTIFICATION WAS INADEQUATE AND UNDER THE FACTS IN THIS CASE RESULTED IN PLAIN ERROR (NOT RAISED BELOW).

POINT IV

THE CUSTODIAL BASE SENTENCE OF 8 YEARS IMPOSED ON THE DEFENDANT'S CONVICTION FOR SECOND DEGREE ROBBERY ON COUNT ONE WAS MANIFESTLY EXCESSIVE AND AN ABUSE OF ...


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