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STATE v. LIVINGSTON

773 A.2d 1195 (2001)

340 N.J. Super. 133

STATE of New Jersey, Plaintiff-Respondent, v. Sylvester LIVINGSTON, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent-Cross-Appellant, v. Derrick Grimsley, Defendant-Appellant-Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 2001.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant, Sylvester Livingston, in A-5583-98T4, (Peter A. Garcia, Acting Public Defender, attorney; Mr. Smith of counsel and on the brief).

Dorothy A. Hersh argued the cause for respondent in A-5583-98T4, (Daniel G. Giaquinto, Mercer County Prosecutor, attorney; Charles Ouslander, Assistant Prosecutor, of counsel and on the brief).

Peter A. Garcia, Acting Public Defender, attorney for appellant-cross-respondent, Derrick Grimsley, in A-5811-98T4, (Michael C. Kazer, Designated Counsel, on the brief).

Daniel G. Giaquinto, Mercer County Prosecutor, attorney for respondent-cross-appellant in A-5811-98T4, (Charles Ouslander, Assistant Prosecutor, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

A-5583-98T Argued and A-5811-98T4

The opinion of the court was delivered by ALLEY, J.A.D.

These appeals arise from the trial of codefendants Sylvester Livingston and Derrick Grimsley in Mercer County. Livingston's appeal was argued and Grimsley's was submitted, and we consolidate them for purposes of this opinion.

Both defendants were indicted and were tried by a jury on the following charges: carjacking, first degree, N.J.S.A. 2C:15-2 (Count...

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