STATE v. MONTGOMERY

Docket No. A-2192-10T4.

48 A.3d 1159 (2012)

427 N.J. Super. 403

STATE of New Jersey, Plaintiff-Respondent, v. Anthony MONTGOMERY, a/k/a Anthony Eleree Montgomery, Anthony Morgan, Naughty Tony and Supreme, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2012.


Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the brief).

Peter E. Warshaw, Jr. , Monmouth County Prosecutor, attorney for respondent ( Barbara N. Suppa , Assistant Prosecutor, of counsel and on the brief).

Before Judges PAYNE, REISNER and SIMONELLI.


The opinion of the court was delivered by

SIMONELLI, J.A.D.

This case presents the novel issue of whether a defendant is entitled to a mistrial or new trial based on misconduct in the jury's presence. We hold that a defendant cannot engage in courtroom misconduct and then expect to be rewarded with a mistrial or new trial for his or her egregious behavior where the trial judge took appropriate cautionary measures to ensure a fair trial. We, therefore, affirm...

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