STATE v. BERRY

A-8 September Term 2022 086838.

294 A.3d 1163 (2023)

254 N.J. 129

STATE of New Jersey, Plaintiff-Appellant, v. Barry BERRY, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Kenneth Daniels, a/k/a Kendal Burnett, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Levell Burnett, a/k/a Lavelle Burnett, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 7, 2023.


Attorney(s) appearing for the Case

Stephen A. Pogany , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant State of New Jersey ( Theodore N. Stephens, II , Acting Essex County Prosecutor, attorney; Stephen A. Pogany , and Caroline C. Galda , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs).

Tamar Y. Lerer , Assistant Deputy Public Defender, argued the cause for respondent Levell Burnett ( Joseph E. Krakora , Public Defender, attorney; Marcia Blum , Assistant Deputy Public Defender, of counsel and on the briefs, and Tamar Y. Lerer , on the briefs).

Stephen W. Kirsch , Designated Counsel, argued the cause for respondent Kenneth Daniels ( Joseph E. Krakora , Public Defender, attorney; Stephen W. Kirsch , on the brief, and Kenneth Daniels, pro se, on the supplemental brief).

David A. Gies , Designated Counsel, argued the cause for respondent Barry Berry ( Joseph E. Krakora , Public Defender, attorney; David A. Gies , Trenton, on the briefs).

Marc Yenicag argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin , of counsel, and Zachary Levy , Hackensack, on the brief).


In this appeal, we focus primarily on the trial judge's response to a question posed by the jury during deliberations. A jury found defendants Kenneth Daniels, Levell Burnett, and Barry Berry guilty of being leaders of a drug trafficking network, N.J.S.A. 2C:35-3, commonly referred to as the ...

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