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Success on Appeals: State v. Anthony Conigliaro
In State v. Anthony Conigliaro, 356 N.J. Super. 54 (App. Div. 2002), Clifford E. Lazzaro, P.C. successfully appealed a criminal conviction in the New Jersey Appellate Division.
The defendant was initially found guilty by a jury on two charges: one count of criminal sexual contact under N.J.S.A. 2C:14-3(b) and one count of child abuse under N.J.S.A. 9:6-3. He received concurrent sentences of fifteen months in prison for each count. In addition to incarceration, he was required to register under Megan’s Law and provide a DNA sample.
Lazzaro Law Challenged Improper Trial Evidence
Clifford E. Lazzaro handled the case strictly as appellate counsel, not the trial attorney. Upon reviewing the trial transcripts, Lazzaro identified a critical legal error that occurred during the trial. The trial judge had admitted a written statement into evidence under the hearsay exception for “excited utterances” (N.J.R.E. 803(c)(2)). That document was not cumulative and was allowed to go back with the jury during deliberations. It was an error that seriously affected the fairness of the trial.
Appellate Court Reversed Conviction and Ordered a New Trial
The Appellate Division agreed with Lazzaro’s arguments and issued a published decision reversing the guilty verdict. The court ruled that admitting the document as an excited utterance was improper and constituted reversible error. The case was remanded to the trial court, giving the defendant another opportunity to defend himself with a fair trial.
Appellate Representation for Criminal Convictions in New Jersey
If you believe a trial error affected the outcome of your case, contact Lazzaro Law. Clifford E. Lazzaro has extensive experience identifying appealable issues like improper evidence, ineffective counsel, and procedural violations.
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