State v. Kelly, A-3199-05T4; Appellate Division; opinion by Wefing, P.J.A.D.; decided and approved for publication April 6, 2009. Before Judges Wefing, Parker and Yannotti. On appeal from the Law Division, Union County, No. 02-03-0460-I. DDS No. 14-2-3356 [27 pp.]
A jury convicted defendant of two counts of murder and two counts of felony murder. The two victims were shot with a .38 caliber gun, which had not been recovered by the time of defendant’s trial. The jury also convicted defendant of first-degree robbery and unlawful possession of a .40 caliber handgun; but acquitted him of unlawful possession of a .38 caliber handgun and of possessing both a .38 caliber and a .40 caliber handgun for an unlawful purpose. The trial court set aside the convictions and ordered a new trial when a defense witness said she had committed perjury at defendant’s trial.
