NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 10, 2013
On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 10-03-00257.
Joseph E. Krakora, Public Defender, attorney for appellant (Michael B. Jones, Assistant Deputy Public Defender, of counsel and on the brief).
John J. Hoffman, Acting Attorney General, attorney for respondent (Jenny M. Hsu, Deputy Attorney General, of counsel and on the brief).
Before Judges Reisner and Alvarez.
Defendant Shaquan L. Best appeals from his conviction for first-degree robbery, N.J.S.A. 2C:15-1, second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b, and fourth-degree aggravated assault with a firearm, N.J.S.A. 2C:12-1b(4). He also appeals from the aggregate sentence of thirteen years in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
On this appeal, defendant presents the following points of argument for our consideration:
THE PROSECUTOR'S REPEATED MISCONDUCT BY VOUCHING FOR HER WITNESSES, TESTIFYING IN SUMMATION, AND DEMEANING THE DEFENSE DEPRIVED DEFENDANT OF A FAIR TRIAL. (Not Raised Below)
JUST AS A CHARGE IS NECESSARY WHEN THE JURY IS TOLD THAT DEFENDANT'S PHOTOGRAPH IS IN POLICE POSSESSION, SO TOO THERE MUST BE A CHARGE WHEN THE JURY LEARNS THAT DEFENDANT'S DNA IS IN A NATIONAL DATABASE. THE FAILURE ...