State v. Perez

The opinion of the court was delivered by

STERN, J.A.D.

Defendant was convicted of distribution, N.J.S.A. 2C:35-5b(3), and distribution of cocaine within 1,000 feet of school property, *611N.J.S.A. 2C:35-7. The former was merged into the latter and defendant received a five-year custodial sentence with a three year period of parole ineligibility. See State v. Gonzalez, 123 N.J. 462, 588 A.2d 816 (1991).

On this appeal defendant argues:

POINT I THE TRIAL COURT ERRED BY PERMITTING THE PROSECUTOR TO REFER TO THE PRETRIAL SILENCE OF THE DEFENDANT’S AUNT AS IMPAIRING HER CREDIBILITY, AND BY FURTHER…