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State v. Taylor

Superior Court of New Jersey, Appellate Division

December 26, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
GREGORY TAYLOR, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 8, 2013

On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 00-09-1166 and 99-08-1166.

Joseph E. Krakora, Public Defender, attorney for appellant (Richard Sparaco, Designated Counsel, on the brief).

Grace H. Park, Acting Union County Prosecutor, attorney for respondent (Sara B. Liebman, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Sabatino and Hayden.

PER CURIAM

Defendant Gregory Taylor appeals from the December 15, 2010 Law Division order denying his petition for post-conviction relief (PCR). Having reviewed the record in light of the applicable law, we affirm.

In March 2001, a jury found defendant guilty of third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); fourth-degree possession of a prohibited weapon, N.J.S.A. 2C:39-3(d); second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(4); two counts of second-degree kidnapping, N.J.S.A. 2C:13-1(b); third-degree criminal restraint, N.J.S.A. 2C:13-2; third-degree criminal trespass, N.J.S.A. 2C:18-3; two counts of first-degree robbery, N.J.S.A. 2C:15-1; and third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1). Defendant was also subsequently found guilty of second-degree possession of a weapon by a person previously convicted of certain crimes, N.J.S.A. 2C:39-7. On November 29, 2001, defendant was sentenced to an aggregate term of seventy-six years of imprisonment with thirty-eight years of parole ineligibility.

The charges stemmed from an incident whereby defendant placed a seventeen-year-old boy in a headlock outside of a residence, held a gun to his head, and demanded money from him. Defendant, while still holding a gun to the boy's head, kicked open the door to the residence, and demanded money from the boy's aunt. The boy's aunt denied having any money, and defendant left the residence with the boy. The police apprehended defendant outside of the residence, searched the property, and found the gun. They also searched defendant after his arrest and found heroin. Defendant was given Miranda[1] warnings, and gave a statement admitting to attempting to rob the boy of drugs at gun point, and then grabbing the boy and taking him to the back of the house.

Defendant appealed his conviction and sentence and raised the following contentions:

POINT I: THE TRIAL COURT ERRED BY FAILING TO INSTRUCT THE JURY REGARDING THE ISSUE OF IDENTIFICATION. (NOT RAISED BELOW).
POINT II: THE PROSECUTOR'S SUMMATION EXCEEDED THE BOUNDS OF PROPRIETY. ...

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