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State of New Jersey

January 28, 2011

STATE OF NEW JERSEY IN THE INTEREST OF D.L.R., JUVENILE-APPELLANT.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FJ-07-4443-09.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 5, 2011

Before Judges Gilroy and Nugent.

D.L.R. appeals from an adjudication of delinquency entered on September 16, 2009, following a bench trial for conduct which, if committed by an adult, would have constituted second degree eluding, N.J.S.A. 2C:29-2b. When the offense was committed, D.L.R. was sixteen years old. On October 19, 2009, the court sentenced D.L.R. to the Juvenile Justice Commission to serve a twenty-four-month term at the New Jersey Training School. On January 21, 2010, defendant appealed, raising the following points:

POINT I - THE ADJUDICATION OF DELINQUENCY

SHOULD BE REVERSED BECAUSE ADMISSION OF THE JUVENILE'S INCULPATORY OUT-OF-COURT STATEMENT MADE AT THE HOSPITAL AS SUBSTANTIVE EVIDENCE OF GUILT VIOLATED HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION, HIS SIXTH AMENDMENT RIGHT TO COUNSEL, AND HIS FOURTEENTH AMENDMENT RIGHT TO A FAIR TRIAL (NOT RAISED BELOW).

POINT II - THE JUVENILE'S RIGHT TO A FAIR

TRIAL WAS PREJUDICED BY COMMENTS MADE BY THE PROSECUTOR IN SUMMATION (NOT RAISED BELOW).

POINT III - IMPOSITION OF THE 24 MONTH TERM

AT THE JAMESBURG TRAINING SCHOOL FOR BOYS WAS MAINFESTLY EXCESSIVE AND AN ABUSE OF THE COURT'S SENTENCING DISCRETION.

(A)

THE JUVENILE WAS DENIED HIS RIGHT OF ...


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