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STATE v. MILTON

840 A.2d 835 (2004)

178 N.J. 421

STATE of New Jersey, Plaintiff-Respondent, v. Deshand MILTON a/k/a Deshon L. Milton, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 10, 2004.

Attorney(s) appearing for the Case

Ruth Bove Carlucci, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Linda A. Shashoua, Assistant Prosecutor, argued the cause for respondent (Vincent P. Sarubbi, Camden County Prosecutor, attorney).

Justice ZAZZALI delivered the opinion of the Court.

A jury found defendant, Deshand Milton, guilty of three drug-related offenses. When polled on the second of the three counts, one juror hesitated before responding, "Um guilty. That was the verdict that I gave." Despite evidence that the juror initially may have said "not guilty," the trial court accepted the verdict on Count Two as unanimous and denied defendant's motion...

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