NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1400-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EXAMPLIAR EXANTUS, Defendant-Appellant. __________________________ Submitted September 16, 2019 – Decided August 25, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 16-01-0281. Joseph E. Krakora, Public Defender, attorney for appellant (John Walter Douard, Assistant Deputy Public Defender, of counsel and on the brief). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Matthew E. Hanley, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Exampliar Exantus appeals from a judgment of conviction that was entered after a jury found him guilty on four counts of fourth-degree bias intimidation, N.J.S.A. 2C:16-1. On appeal, defendant argues the trial court abused its discretion in denying his request for an adjournment for the purpose of procuring expert psychiatric testimony to support a defense of diminished capacity pursuant to N.J.S.A. 2C:4-2. After reviewing the record before us, and in light of the applicable law, we affirm. We discern the following facts from the record. This case stems from a string of alleged bias intimidation incidents that occurred between April 2013 and August 2015. On August 12, 2013, West Orange Police Sergeant Dennis McCole met with the victim and his mother after being dispatched to their apartment regarding a complaint of harassment. They resided next door to defendant. The victim's mother showed the sergeant a video she had recorded on her cellphone documenting the encounter. Defendant can be heard on the video shouting, "[j]ust like a pig greasy faggot, Spanish shithead, greasy faggot; Spanish shithead, greasy faggot; Spanish shithead, greasy faggot . . . greasy faggot just like a pig; Spanish shit; get out of the way from faggot; stay in your fucking territory greasy." According to the victim, defendant had also yelled similar statements directed at the victim on April 12, 13, 18 and 19, 2013. On A-1400-17T4 2 August 17, 2013, McCole was once again dispatched to complainants' apartment, and he and his partner heard a male voice yelling "you Spanish greasy faggot," which appeared to be coming from defendant's apartment. The officers then observed defendant yelling while leaning out of his apartment window. Upon seeing the officers, defendant retreated into his apartment and closed the window. The officers then arrested defendant as he was exiting through the front of the apartment building. From the limited record before us, it is unclear how the issue of defendant’s mental health came before the court. What is clear is that on May 28, 2015, a pretrial judge entered an order directing that defendant be evaluated by a qualified psychiatrist or ...
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