STATE v. COTTO


865 A.2d 660 (2005)

182 N.J. 316

STATE of New Jersey, Plaintiff-Respondent, v. Nathan COTTO, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 1, 2005.


Attorney(s) appearing for the Case

Alan I. Smith, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Elizabeth M. Devine, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).


Justice ZAZZALI delivered the opinion of the Court.

A jury convicted defendant of robbery, burglary, terroristic threats, and other charges after he and an accomplice burglarized his ex-girlfriend's apartment while she, her pregnant sister, and her young niece and nephew were present.

In this appeal, defendant claims, as reversible error, that the trial court incorrectly instructed the jury on the State's burden on the issue of identification; that the trial...

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