Cody was angry and challenged defendant to continue the fight as defendant got into a friend's car. Some people from another building came to break it up. They engaged in a fist fight at this point. He then turned to walk up the step and away from defendant, but defendant sucker punched him. At this point, Cody called his son and told him to go on the step where Cody's neighbor was, and asked the neighbor to keep an eye on his son. Defendant became more upset and even threatened to kill Cody. While the conversation started out friendly, at some point, defendant became upset and "got real loud threatening." Cody told defendant to stop yelling because children, including his son, were watching. He and defendant began talking and his son went to play with some of his neighbor's children.Ĭody had known defendant for a few years because defendant had two children by Cody's cousin-in-law. On that date, at approximately 5:30 p.m., while coming home from a movie with his son, he ran into defendant at the Apartments. Cody testified that he resided at the Hamilton Road Apartments (Apartments) when the event in question took place on December 5, 2004. The criminal charges grew out of an earlier fist fight between defendant and Lawrence Cody shortly followed by a shooting at Cody by someone identified by Cody as defendant. The court imposed the requisite monetary penalties. The court subsequently accepted defendant's guilty plea to a violation of probation under Indictment Number 04-05-0693, and then sentenced defendant to a five-year custodial sentence consecutive to the sentences under Indictment Number 05-02-0170 and Indictment Number 05-02-0249. With regard to Indictment Number 05-02-0249 charging defendant with possession of a weapon by previously convicted person, the court imposed a consecutive ten-year sentence with a five-year period of parole ineligibility. On counts three and five, aggravated assault and unlawful possession of a weapon, respectively, the court imposed two concurrent five-year terms. The court imposed a ten-year sentence with a five-year period of parole ineligibility for count four, possession of a weapon for unlawful purposes. The State moved for an extended term sentence which was denied. In a subsequent proceeding on the same day, the jury found defendant guilty of possession of a weapon by a previously convicted person under indictment number 05-02-0249. Defendant was found guilty of the second count of aggravated assault (count three), possession of a weapon for unlawful purposes (count four), and unlawful possession of a weapon (count five). The jury acquitted defendant of the charges of attempted murder (count one), and the first count of aggravated assault (count two). Filed the same day, Middlesex Indictment Number 05-02-0249 charged defendant with second degree possession of a weapon by a previously convicted person, in violation of N.J.S.A. 2C:39-4(a) (count four) and third degree unlawful possession of a handgun, in violation of N.J.S.A. 2C:12-1(b)(7) (count three) second degree possession of a weapon for unlawful purposes, in violation of N.J.S.A. 2C:12-1(b)(1) (count two) third degree aggravated assault, in violation of N.J.S.A. 2C:11-3(a)(2) (count one) second degree aggravated assault, in violation of N.J.S.A. Middlesex County Indictment Number 05-02-0170 charged defendant, Nathaniel Hall, with first degree attempted murder, in violation of N.J.S.A. Kaplan, Middlesex County Prosecutor, attorney for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the brief). Yvonne Smith Segars, Public Defendant, attorney for appellant (Diane Toscano, Assistant Deputy Public Defender, of counsel and on the brief).īruce K. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. Before Judges Sapp-Peterson, Messano and Newman.
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