NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 10, 2013
On appeal from Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 08-08-0895.
Joseph E. Krakora, Public Defender, attorney for appellant (Lauren S. Michaels, Assistant Deputy Public Defender, of counsel and on the brief).
Jeffrey S. Chiesa, Attorney General, attorney for respondent (Jenny M. Hsu, Deputy Attorney General, of counsel and on the brief).
Before Judges Koblitz and Accurso.
A jury found defendant Joel D. Cintron guilty of second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (count one); third-degree assault by auto while intoxicated, N.J.S.A. 2C:12-1c(2) (count two); and fourth-degree assault by auto while intoxicated, N.J.S.A. 2C:12-1c(2) (count three). The judge merged defendant's convictions under counts one and two, and imposed a ten-year term of imprisonment on count one subject to periods of parole ineligibility and supervision required by the No Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent eighteen-month term on count three.
Defendant raises two issues on appeal.
THE TRIAL JUDGE OMITTED SIGNIFICANT PORTIONS OF THE MODEL JURY CHARGES, COMPLETELY FAILED TO INSTRUCT THE JURY REGARDING STATEMENTS ALLEGEDLY MADE BY [DEFENDANT] AND THE NATURE OF THE MULTIPLE CHARGES AGAINST HIM, AND INCORRECTLY ADVISED THE JURY REGARDING EXPERT TESTIMONY, THEREBY DENYING [DEFENDANT] A FAIR TRIAL. (Not Raised Below).
A. The Judge's Wholesale Abandonment Of The Model Charges Left The Jury Utterly Unable to Fulfill Its Constitutional Function.
B. The Judge's Failure To Instruct The Jury On All Of The Elements Of The Offenses And That It Must Consider Each Charge Separately Denied [Defendant] A Fair Trial..
C. The Judge's Failure To Instruct The Jury Regarding The Inherent Unreliability Of Oral Statements Allegedly Made By ...