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STATE v. CULLEN

Docket No. A-5474-10T1

50 A.3d 686 (2012)

428 N.J. Super. 107

STATE of New Jersey, Plaintiff-Respondent, v. Rodney CULLEN, a/k/a Rodny L. Cullen, Rodney L. Cullen, Eric Broughton, Rodney Boughton, Tyron Smith, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 2012.

Attorney(s) appearing for the Case

Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Wilensky , of counsel and on the brief).

David M. Galemba , Assistant Prosecutor, argued the cause for respondent ( Jennifer Webb-McRae , Cumberland County Prosecutor, attorney; Mr. Galemba , of counsel and on the brief).

Before Judges FISHER, WAUGH and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

Defendant appeals his burglary conviction, arguing the trial judge erred in refusing to reopen the record to permit him to testify. Defendant initially waived his right to testify but, prior to summations and the jury charge, changed his mind; the judge denied defendant's request to testify. Because the judge mistakenly gave greater weight to expediency than defendant's constitutional right to testify...

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