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STATE v. VELASQUEZ

918 A.2d 45 (2007)

391 N.J. Super. 291

STATE of New Jersey, Plaintiff-Respondent/Cross-Appellant, v. Hector A. VELASQUEZ, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2007.

Attorney(s) appearing for the Case

Louis M. Barbone, Atlantic City, argued the cause for appellant/cross-respondent (Jacobs & Barbone, attorneys; Mr. Barbone, on the brief).

Leslie-Ann M. Justus, Deputy Attorney General, argued the cause for respondent/cross-appellant (Anne Milgram, Acting Attorney General, attorney; Ms. Justus, of counsel and on the brief).

Before Judges SKILLMAN, HOLSTON JR. and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

Defendant Hector A. Velasquez appeals from a final judgment of conviction and sentence. The State cross appeals and contends that defendant's sentence is illegal.

For reasons stated in Part I of this decision, we conclude that defendant was improperly burdened with an adverse inference based upon his failure to produce a witness. We hold that before authorizing this adverse inference against a...

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