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State of New Jersey v. Howard L. Ryan

May 22, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HOWARD L. RYAN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Salem County, Indictment No. 08-11-00495.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 8, 2012

Before Judges Reisner and Simonelli.

Defendant Howard L. Ryan appeals from his conviction for attempting to lure or entice a minor into a motor vehicle, N.J.S.A. 2C:13-6, and from the sentence imposed, seven and one-half years in prison with a five-year parole bar.

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

POINT I: THE STATE COMMITTED PREJUDICIAL MISCONDUCT IN BOTH ITS CROSS-EXAMINATION OF DEFENDANT AND IN ITS SUMMATION, NECESSITATING REVERSAL. US. CONST. AMEND. XIV; N.J. CONST. (1947), ART. I, PAR. 10. (Not Raised Below.)

A. The Prosecutor's Cross-Examination Attempted To Force Defendant To Characterize The State's Witnesses As Liars.

B. The Prosecutor's Comments During Summation Were Improper As He Continued To Assert That Defendant Had Characterized The State's Witnesses As Liars And, Furthermore, The Prosecutor Vouched For The Credibility Of The State's Witnesses.

POINT II: THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE, NECESSITATING REVERSAL.

POINT III: THE SENTENCE IMPOSED ON DEFENDANT IS EXCESSIVE.

Having reviewed the record, we conclude that the arguments in Point I, raised for the first time on appeal, do not establish plain error; the verdict was not against the weight of the evidence; and there ...


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