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State v. Rojas-Hernandez

Superior Court of New Jersey, Appellate Division

August 8, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
JOSE ROJAS-HERNANDEZ, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 10, 2013

On appeal from Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 10-06-1195.

Joseph E. Krakora, Public Defender, attorney for appellant (Jay L. Wilensky, Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Joseph A. Glyn, Deputy Attorney General, of counsel and on the brief).

Before Judges Sapp-Peterson and Haas.

PER CURIAM

A jury convicted defendant of second-degree robbery, N.J.S.A. 2C:15-1b, as a lesser-included offense of first-degree robbery, N.J.S.A. 2C:15-1a and, at sentencing, the court imposed a seven-year custodial sentence with an 85% period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also imposed appropriate fines, penalties and costs. On appeal, defendant raises the following points:

POINT I
THE TRIAL COURT ERRED, TO DEFENDANT'S PREJUDICE, BY PROHIBITING THE DEFENDANT FROM CROSS-EXAMINING THE COMPLAINANT AS TO HIS IMMIGRATION STATUS. U.S. CONST., AMENDS. VI, XIV; N.J. CONST. (1947), ART. 1, PAR. 10.
POINT II
THE STATE COMMITTED PROSECUTORIAL MISCONDUCT BY REPEATEDLY FORCING THE DEFENDANT TO CHARACTERIZE STATE'S WITNESSES AS UNTRUTHFUL, AND BY CASTING PERSONAL ASPERSIONS ON THE DEFENDANT. (PARTIALLY RAISED BELOW).
A. Requiring Defendant to Characterize Other Witness'[s] Testimony As Untruthful.
B. Casting Personal Aspersions Upon Defendant, Including ...

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