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State v. Gamble

September 3, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHARLES J. GAMBLE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 06-09-1483.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 26, 2010

Before Judges Axelrad and Sapp-Peterson.

Defendant was convicted of conspiracy to commit the murder of Terry Jackson (Jackson), N.J.S.A. 2C:11-3(a) and 2C:5-2 (Count One); murder, N.J.S.A. 2C:11-3(a) (Count Two); and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4 (Count Three). Defendant was sentenced to life imprisonment with an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(a). We affirm.

On appeal, defendant raises the following the points:

POINT I

THE REFERENCES TO DEFENDANT'S MEMBERSHIP IN THE BLOODS STREET GANG WERE IRRELEVANT AND HIGHLY PREJUDICIAL AND ADMITTED IN VIOLATION OF N.J.R.E. 404(b). ALSO THE FAILURE OF THE JUDGE TO DELIVER A LIMITING INSTRUCTION DEPRIVED DEFENDANT OF A FAIR TRIAL.

A. THE EVIDENCE OF DEFENDANT'S ASSOCIATION WITH THE BLOODS STREET GANG SHOULD NOT HAVE BEEN ADMITTED.

B. THE COURT'S FAILURE TO GIVE [A] LIMITING CHARGE ON THE USE OF THE N.J.R.E. 404(b) EVIDENCE DEPRIVED DEFENDANT OF A FAIR TRIAL.

POINT II

THE INSTRUCTION ON DEFENDANT'S EXERCISE OF HIS RIGHT TO REMAIN SILENT SUGGESTED THAT HE HAD AN OBLIGATION TO TESTIFY AND THUS VI[OL]ATED HIS STATE AND FEDERAL RIGHTS TO REMAIN SILENT. (NOT RAISED BELOW).

POINT III

THE JUDGE ERRED IN ALLOWING, OVER OBJECTION, PHOTOGRAPHS OF THE VICTIM'S CHILDREN[,] FOUND IN THE VICTIM'S WALLET, ...


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