NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-5491-16T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAHMAD GREEN, a/k/a JAHMAD GREE, Defendant-Appellant. ___________________________ Submitted October 28, 2019 – Decided February 18, 2020 Before Judges Fasciale and Moynihan. On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-04-0352. Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief). Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Ali Y. Ozbek, Assistant Prosecutor, of counsel and on the brief). PER CURIAM After trial with codefendants, Francis Brace and Gregory Oliver, Defendant Jahmad Green appeals from his conviction by jury and sentence for first-degree aggravated manslaughter of Jaleek Burroughs, N.J.S.A. 2C:11- 4(a)(1), as a lesser-included offense of first-degree murder, N.J.S.A. 2C:11- 3(a)(1) or (2), N.J.S.A. 2C:2-6, and N.J.S.A. 2C:2-3(d) (count one); two counts of second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (counts four and ten); second-degree aggravated assault of Alaysia Chambers, N.J.S.A. 2C:12-1(b)(1), as a lesser-included offense of first-degree attempted murder, N.J.S.A. 2C:5-1, N.J.S.A. 2C:11-3(a), and N.J.S.A. 2C:2- 3(d) (count eight); and second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count five). Both victims were shot in an early-morning incident on August 31, 2014. The State alleged defendant and his codefendants shot at a gold Ford Taurus from which shots were also fired. Burroughs was shot in the head and pronounced dead on the sidewalk where he fell. Chambers, who was seated in Brace's BMW in which he had earlier picked her up, was also shot in the head; she survived her wound. Neither of the victims were the intended targets of the shootings. On appeal, defendant argues: POINT I A-5491-16T1 2 THE TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION FOR JUDGMENT OF ACQUIT[T]AL BOTH PRE[-] AND POST-VERDICT WAS ERROR. POINT II THE TRIAL JUDGE ERRED IN ADMITTING INTO EVIDENCE THE PRIOR STATEMENT OF [JOCELYN] SUGGS AS THE STATE FAILED TO SATISFY THE STANDARDS OF STATE V. GROSS.1 POINT III COMMENTS MADE BY THE PROSECUTOR DURING HIS SUMMATION CONCERNING FACTS NOT IN EVIDENCE WAS GROSSLY PREJUDICIAL AND DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT IV THE TRIAL COURT'S INADEQUATE RESPONSES TO THE INCOMPLETE AND ERRONEOUS JURY QUESTION DURING DELIBERATIONS WAS ERROR AND DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT V THE AGGREGATE SENTENCE OF TWENTY- SEVEN (27) YEARS WITH [EIGHTY-FIVE PERCENT] PAROLE INELIGIBILITY WAS EXCESSIVE AND SHOULD BE MODIFIED AND REDUCED. For the reasons we now discuss, we affirm. 1 216 N.J. Super. 98 (App. Div. 1987), aff'd, 121 N.J. 1 (1990). A-5491-16T1 3 I. Defendant first contends the trial judge erred in denying the motions for judgment of acquittal, made after the State and defense rested, R. ...
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