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STATE v. IRIZARRY

270 N.J. Super. 669 (1994)

637 A.2d 965

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE SOTO IRIZARRY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1994.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the letter brief).

Maryann K. Bielamowicz, Mercer County Prosecutor, attorney for respondent (Scot D. Rosenthal, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges BRODY, STERN and KEEFE.

The opinion of the court was delivered by BRODY, P.J.A.D.

Following a jury trial (first trial), defendant was convicted of fourth-degree possession of a weapon, a machete, under circumstances not manifestly appropriate for such lawful uses as it may have, a violation of N.J.S.A. 2C:39-5d. After the verdict was returned, defendant was immediately tried before the same jury (second trial) for fourth-degree possession of the machete, made a separate crime by ...

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