State v. Cagno, A-60 September Term 2009; Supreme Court; opinion by Wefing, P.J.A.D., temporarily assigned; dissent by Albin, J.; decided August 8, 2012. On certification to the Appellate Division, 409 N.J. Super. 552 (App. Div. 2009). [Sat below: Judges Stern, Rodriguez and Ashrafi in the Appellate Division; Judge Cleary in the Law Division.] DDS No. 14-1-7310 [66 pp.]
In this appeal, the court considers whether defendant Aurelio Ray Cagno’s conviction for racketeering conspiracy was time-barred. The court also considers whether certain evidence was improperly introduced during defendant’s second trial, in violation of defendant’s right to confrontation, to establish the continuation of the criminal conspiracy. Also at issue is whether that evidence was so prejudicial that defendant’s murder conviction, achieved at the same trial that resulted in his RICO conviction, is irremediably tainted and should be reversed. Defendant further challenges the trial court’s jury instructions. Finally, defendant raises an issue related to his sentence.
