On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 07-06-0968.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: March 10, 2010
Before Judges Cuff and Waugh.
A jury found defendant Anthony McCoy Irby guilty of second degree robbery. At sentencing, the judge granted the State's motion for a persistent offender extended term, N.J.S.A. 2C:44-3a, and imposed a twelve-year period of imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2, parole ineligibility term.
The conviction arises from an incident at an A & P Supermarket in Fort Lee. On March 2, 2007, the manager observed defendant moving a metal sign that blocked the liquor aisle.
The manager recognized defendant from a prior incident in which defendant attempted to shoplift two bottles of alcohol. On the morning of March 2, the manager observed defendant walking quickly from the liquor aisle carrying two plastic bags.
As defendant walked towards the exit, the manager confronted him. According to the manager, he stepped in front of defendant, at which time he observed two bottles of Chivas Regal scotch whiskey in the plastic bags. The manager asked defendant if he had something that belonged to the store.
Defendant responded by throwing the bags. The manager grabbed defendant, who punched the manager in the face, and then fled the store.
Defendant testified at trial. He acknowledged that he was a thief and only intended to steal two bottles of scotch. He insisted he would never have hit the manager and, in fact, conducted himself in such a manner as to avoid physical contact with the manager. The guilty verdict demonstrates that the jury did not find defendant credible.
On appeal, defendant raises the following arguments:
THE WEIGHT OF THE EVIDENCE DID NOT SUPPORT THE VERDICT, THEREFORE THE DEFENDANT IS ...