NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 1, 2013
On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 09-10-3535.
Joseph E. Krakora, Public Defender, attorney for appellant (Gilbert G. Miller, Designated Counsel, on the brief).
Warren W. Faulk, Camden County Prosecutor, attorney for respondent (Robin A. Hamett, Assistant Prosecutor, of counsel and on the brief).
Before Judges Sapp-Peterson and Haas.
Defendant Eric Hines was convicted, after a jury trial, of second-degree robbery, N.J.S.A. 2C:15-1 (count one); second-degree burglary, N.J.S.A. 2C:18-2a (count two); third-degree theft, N.J.S.A. 2C:20-3 (count three); fourth-degree resisting arrest, N.J.S.A. 2C:29-2a(2) (count four); and third-degree burglary, N.J.S.A. 2C:18-2a (count five). The trial court merged counts two and three into count one, sentencing defendant to twenty years imprisonment with an 85% period of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On count four, the court imposed a consecutive eighteen-month custodial term with a nine-month parole disqualifier. In addition, the court imposed the requisite penalties and costs.
Defendant appeals, raising the following points:
THE EVIDENCE WAS INSUFFICIENT TO SUPPORT DEFENDANT'S CONVICTIONS, AND HIS CONVICTIONS WERE AGAINST THE WEIGHT OF THE EVIDENCE.
THE TRIAL COURT ERRONEOUSLY PRECLUDED THE DEFENSE FROM ESTABLISHING THAT DEBORAH CAREY WAS ROBBED BY A THIRD PARTY, THEREBY DEPRIVING DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO A ...