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STATE v. RODRIGUEZ

920 A.2d 101 (2007)

392 N.J. Super. 101

STATE of New Jersey, Plaintiff-Respondent, v. Wilberto RODRIGUEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2007.

Attorney(s) appearing for the Case

Michael B. Jones, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Jones, of counsel and on the brief).

Lisa DeMartini, Assistant Prosecutor, argued the cause for respondent (Edward J. De Fazio, Hudson County Prosecutor, attorney; Leo Hernandez, Assistant Prosecutor, on the brief).

Before Judges S.L. REISNER, SELTZER and KING.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Defendant, Wilberto Rodriguez, appeals from his conviction for reckless manslaughter, N.J.S.A. 2C:11-4b(1), possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4d, and unlawful possession of a weapon, N.J.S.A. 2C:39-5d, as well as from the fifteen-year sentence imposed.

Because the trial court erroneously instructed the jury that they should not consider...

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