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STATE v. HARRIS

A-103 September Term 2010, 067348

38 A.3d 559 (2012)

209 N.J. 431

STATE of New Jersey, Plaintiff-Respondent, v. Derrick HARRIS, Sr., Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 27, 2012.

Attorney(s) appearing for the Case

Frank J. Pugliese , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Pugliese and Michele C. Buckley , Designated Counsel, on the briefs).

Monica do Outeiro , Assistant Prosecutor, argued the cause for respondent ( Peter E. Warshaw, Jr. , Monmouth County Prosecutor, attorney; Ms. do Outeiro and Mary R. Juliano , Special Deputy Attorney General on the briefs).

Ashlea D. Thomas , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Paula T. Dow , Attorney General, attorney).

Judge WEFING (temporarily assigned) delivered the opinion of the Court.

Defendant was indicted for second-degree robbery, N.J.S.A. 2C:15-1, and second-degree burglary, N.J.S.A. 2C:18-2. Defendant's first trial, at which he did not testify, resulted in a hung jury. At defendant's second trial, at which he again did not testify, defendant was convicted of second-degree robbery and third-degree burglary. The trial court sentenced defendant to six years...

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