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STATE v. HERBERT

Docket No. A-5096-14T1.

201 A.3d 691 (2019)

457 N.J. Super. 490

STATE of New Jersey, Plaintiff-Respondent, v. Olajuwan HERBERT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 2019.

Attorney(s) appearing for the Case

James K. Smith, Jr. , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mark H. Friedman , Assistant Deputy Public Defender, of counsel and on the brief).

Lucille M. Rosano , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Robert D. Laurino , Acting Essex County Prosecutor, attorney; Lucille M. Rosano, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges Sabatino, Ostrer and Whipple (Judge Ostrer concurring).

The opinion of the court was delivered by

Convicted of purposeful murder and related firearms offenses, defendant Olajuwan Herbert principally contends his trial was irremediably tainted by a detective's reference to defendant's alleged gang membership, and by eyewitnesses' statements that they had been afraid to testify or...

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