State v. Hewins
Cases that cite this one
11 later published cases cite this decision.
- State of New Jersey v. Katherine L. Bell (N.J. Super. Ct. App. Div. 2024)
- STATE OF NEW JERSEY VS. HAROLD MILLER (14-10-1166 AND 15-01-0070, MIDDLESEX COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2018)
- State v. Kim (N.J. Super. Ct. App. Div. 2010)
- State v. Green (N.J. Super. Ct. App. Div. 2001)
- State of New Jersey v. Duane Holmes (N.J. Super. Ct. App. Div. 2025)
- STATE OF NEW JERSEY v. JUAN R. RUIZ-MONTANO (18-03-0039, PASSAIC COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2022)
- STATE OF NEW JERSEY v. RAMI A. AMER (18-06-0460, GLOUCESTER COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2022)
- STATE OF NEW JERSEY v. RAMI A. AMER (18-06-0460, GLOUCESTER COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2022)
- STATE OF NEW JERSEY VS. JOSUE A. CARRILLO (17-02-0316, ESSEX COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2021)
- A-0850-18T3 STATE OF NEW JERSEY VS. TYWAUN S. HEDGESPETH (16-07-2215 AND 16-07-2216, ESSEX COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2020)
- STATE OF NEW JERSEY VS. ELADIO ECHARTEVERA (17-12-1468, MIDDLESEX COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIE T. HEWINS, DEFENDANT-APPELLANT.
Superior Court of New Jersey, Appellate Division.
*361 Before Judges FRITZ, POLOW and JOELSON.
Stanley C. Van Ness, Public Defender, attorney for appellant (Carole Fitzgibbon Greco, designated counsel, of counsel and on the brief).
John J. Degnan, Attorney General of New Jersey, attorney for respondent (Allan Nodes, Deputy Attorney General, of counsel and on the brief).
PER CURIAM.
Defendant was convicted by a jury of robbery while armed and possession of a dangerous weapon. Sentences aggregating 12 to 18 years in New Jersey State Prison were imposed. On this appeal defendant argues that the trial judge erred in failing to take testimony on the motion to suppress, that the out-of-court and in-court identification procedures were improper, that the prosecutor made prejudicial comments in his summation and that the sentence imposed was manifestly excessive. Since we find that all of the issues raised lack substance, we affirm.
On the suppression motion regarding property seized without a warrant, the denial thereof is affirmed substantially for the reasons stated by Judge Walsh in his opinion reported at 166 N.J. Super. 210 (Law Div. 1979).
With regard to defendant's attacks on the out-of-court and in-court identifications, we are fully satisfied that they were reliable and not so "`impermissibly suggestive as to give rise to *362 a very substantial likelihood of irreparable misidentification.'" Neil v. Biggers, 409 U.S. 188, 198, 93 S.Ct. 375, 381, 34 L.Ed.2d 401 (1972) (out-of-court identification); Simmons v. U.S., 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968) (in-court identification).
Defendant objects to the prosecutor's summation because it included discussion of alternative identification procedures, including a lineup. Upon objection, the judge advised the jury that the prosecutor had been instructed not to refer to a lineup since there was no evidence relating thereto. Although the prosecutor's comments were unrelated to evidence in the case, we discern no prejudice and conclude that the error was completely harmless. It had no potential to cause an unjust result. R. 2:10-2. Nor was it sufficient to create a reasonable doubt as to whether the jury was led to a result it might otherwise not have reached. State v. Macon, 57 N.J. 325, 336 (1971).
Under the circumstances, we find that the sentences imposed within statutory limits were neither manifestly excessive nor a mistaken exercise of discretion. State v. Whitaker, 79 N.J. 503 (1979); State v. Leggeadrini, 75 N.J. 150, 161-162 (1977).
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.