STATE OF NEW JERSEY VS. DURRELL HEARD (15-08-1935, ESSEX COUNTY AND STATEWIDE)

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-4003-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DURRELL HEARD, a/k/a DURRELL A. HEARN, Defendant-Appellant. ________________________ Submitted November 9, 2020 – Decided January 13, 2021 Before Judges Currier and Gooden Brown. On appeal from the Superior Court of New Jersey, Criminal Division, Essex County, Indictment No. 15- 08-1935. Joseph E. Krakora, Public Defender, attorney for appellant (Daniel S. Rockoff, Assistant Deputy Public Defender, of counsel and on the brief). Theodore N. Stephens, II, Acting Essex County Prosecutor, attorney for respondent (Emily M. M. Pirro, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant appeals from the denial of his motion to suppress the out-of- court identifications and from his conviction after a jury trial. He also challenges his sentence, asserting it is inconsistent with the verdict, and the judgment of conviction (JOC) differs from the orally pronounced sentence. We affirm. I. Defendant was charged in an indictment with first-degree murder, contrary to N.J.S.A. 2C:11-3a(1)-(2) (count one); second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count two); three counts of first- degree robbery, contrary to N.J.S.A. 2C:15-1 (counts three, four, and five); first- degree felony murder, contrary to N.J.S.A. 2C:11-3a(3) (count six); second- degree unlicensed possession of a firearm, contrary to N.J.S.A. 2C:39-5(b) (count seven); and second-degree possession of a firearm for an unlawful purpose, contrary to N.J.S.A. 2C:39-4(a) (count eight). A. The charges arose out of events that took place on January 8, 2015 in a fast food restaurant where defendant and co-defendant Leon Trent robbed several individuals – Tyreese Barkley, Jahod Onque, and Tykwan Crenshaw – A-4003-17T2 2 and defendant shot and killed Crenshaw.1 At the time, Hasim Salimi was working in the restaurant and he witnessed the shooting. After the shooting, Barkley gave a statement to police. He described the shooter as 6'2", with brown skin, dreadlocks, and wearing a vest over a sweatshirt. Barkley described the accomplice as heavyset, dressed all in black, and with a black do-rag on his head. Salimi also gave an initial statement to police that day. Salimi said he saw several people, including defendant, in his restaurant just prior to the shooting. He stated he was in the back area of the restaurant near the freezer when he heard a gunshot. Although he could not see the shooter at that point, he did see Crenshaw holding his hands up, saying "no, no, no" and then falling to the floor. Salimi ran closer and saw defendant with his right arm down at a 45-degree angle towards Crenshaw who was laying on the floor. He described the shooter as six feet tall with an average build. He said …

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