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.https://leagle.com/images/logo.png
Argued February 28, 2023.
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).
JUSTICEFASCIALE delivered the opinion of the Court.
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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