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State of New Jersey v. Jose Rivera

September 22, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE RIVERA, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 09-02-0345.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 25, 2011 - Decided

Before Judges Fisher and Sapp-Peterson.

Following a jury trial, defendant was convicted of one count of attempted burglary, N.J.S.A. 2C:18-2 and N.J.S.A. 2C:5-1. The court granted the State's motion to impose a discretionary extended term as a persistent offender and sentenced defendant to a ten-year period of incarceration with a five-year period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, along with the appropriate fines and penalties.

On appeal, defendant raises the following points for our consideration:

POINT I

THE COURT ERRED IN REFUSING COUNSEL'S REQUEST FOR A MISTRIAL AFTER ONE JUROR WAS DISQUALIFIED DURING THE COURSE OF DELIBERATIONS.

POINT II

THE GRATUITOUS COMMENTS OF BOTH THE COURT AND A STATE'S WITNESS AS TO DEFENDANT'S MUGSHOT CLEARLY COMMUNICATED TO THE JURY THAT HE HAD A PRIOR CRIMINAL RECORD, THUS DEPRIVING HIM OF HIS RIGHT TO A FAIR TRIAL. (NOT RAISED BELOW).

POINT III

THE COURT ERRED IN DENYING COUNSEL'S REQUEST FOR A PRETRIAL WADE*fn1 HEARING.

POINT IV

THE COURT ERRED IN DENYING COUNSEL'S REQUEST TO CHARGE CRIMINAL TRESPASS AS A LESSER[-] ...


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