STATE v. COLON


298 N.J. Super. 569 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. CARLOS COLON, DEFENDANT-APPELLANT-CROSS-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. BENNY RIVERA, DEFENDANT-APPELLANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1997.


Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant-cross-respondent Carlos Colon (Virginia M. Lincoln, Designated Counsel, of counsel and on the brief).

Peter Verniero, Attorney General, attorney for respondent-cross-appellant (Craig V. Zwillman, Deputy Attorney General, of counsel and on the brief).

David A. Gies argued the cause for appellant-cross-respondent Benny Rivera (Susan L. Reisner, Public Defender, attorney Mr. Gies, Designated Counsel, of counsel and on the brief).

Craig V. Zwillman, Deputy Attorney General argued the cause for respondent-cross-appellant (Peter Verniero, Attorney General, attorney; Mr. Zwillman, of counsel and on the brief).

Before Judges DREIER, WEFING and NEWMAN.


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

Defendants Carlos Colon and Benny Rivera appeal from their various convictions after a joint trial arising out of their involvement in a November 21, 1992 fight and shooting outside a Hoboken nightclub. We consolidate their appeals for the purpose of this opinion.

After a seven-day trial, the jury found both defendants guilty of second-degree aggravated...

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