State v. Osborne S. Maloney (068877)

77 A.3d 1147, 216 N.J. 91, 2013 WL 5629368, 2013 N.J. LEXIS 960
CourtSupreme Court of New Jersey
DecidedOctober 16, 2013
DocketA-64-11
StatusPublished
Cited by71 cases

This text of 77 A.3d 1147 (State v. Osborne S. Maloney (068877)) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Osborne S. Maloney (068877), 77 A.3d 1147, 216 N.J. 91, 2013 WL 5629368, 2013 N.J. LEXIS 960 (N.J. 2013).

Opinions

Judge RODRÍGUEZ

(temporarily assigned) delivered the opinion of the Court.

In this case, the State alleged that defendant Osborne S. Maloney was part of a four-person conspiracy to commit a targeted armed robbery of a businessman at his home. The State’s theory of the case was that one man was the ringleader, another the driver of the getaway car, and defendant and the fourth man were the ones that executed the planned armed robbery, which went awry and resulted in the businessman being shot in the abdomen by defendant.

The four men were arrested shortly thereafter. One of the accused reached an agreement with the State and testified against defendant. At his trial, defendant testified that he was not part of the conspiracy. He admitted that the day after the armed robbery and shooting, he took a taxi from New York City to a hotel in Monroe Township to pick up a co-defendant in the hopes of obtaining the proceeds from the sale of watches stolen from the victim’s home. The jury’s verdict was mostly consistent with the State’s theory.

Defendant contends that his convictions should be reversed based on the judge’s failure to instruct the jury sua sponte on accomplice liability, pursuant to N.J.S.A. 2C:2-6 and State v. Bielkiewicz, 267 N.J.Super. 520, 632 A.2d 277 (App.Div.1993). Defendant also contends that reversal is required for failure to charge two lesser-included offenses. We affirm the judgment of the Appellate Division, which upheld the convictions.

[96]*96I.

Defendant was charged with attempted murder, conspiracy to commit robbery, burglary, weapons offenses, and related charges stemming from the robbery of the home of supermarket owner Syoma Shnayder (Sam) and his wife Rita Shnayder. Igor Chiehelnitsky planned the robbery because Sam had turned down his offers to supply products to Sam’s supermarket stores. Chichelnitsky recruited defendant, Juan Rodriguez, and Nathan Jakubov to commit the robbery. Pursuant to an agreement with the State, Rodriguez pleaded guilty to armed robbery and testified at the trial of defendant.

The State’s evidence can be summarized as follows. On August 16 or 17, 2005, defendant, Rodriguez, and Jakubov drove in Jakubov’s 2003 Lexus to “scope out” the Shnayder’s home in Monroe Township. Defendant took photographs of the house. On August 19, 2005, at approximately 10:00 p.m., Jakubov drove defendant and Rodriguez to the home again. Jakubov stayed in the Lexus while defendant and Rodriguez walked towards the home wearing black masks covering their faces. Defendant carried a .38 caliber handgun and a knife, and Rodriguez carried a 9-millimeter handgun.

Defendant and Rodriguez went to the backyard of the house. Sam was “snoozing” in the hot tub. Sam testified that someone in a black ski mask came up behind him, grabbed his hair, put a knife to his throat, and threatened to kill him if he screamed. A second man in a ski mask entered the backyard. Sam’s hands were tied behind his back with plastic zip ties. In his testimony, Rodriguez identified defendant as the man who put a knife to Sam’s throat. Rodriguez also testified that he demanded to know where money was hidden. Sam directed him to the kitchen, where Rodriguez took $7000 from a table. Rodriguez brought Sam upstairs to search for additional money.

Rita returned home, noticed defendant, and began screaming while asking, ‘Where’s my husband?” Defendant covered her mouth and held the knife to her head. Sam and Rodriguez [97]*97returned to the first floor. Rita continued screaming. Thereafter, Sam told the robbers he had two expensive watches in the kitchen, and one of the men retrieved the watches.

Rita managed to free herself, ran to a neighbor’s home, and called 911. Sam released his arms from the ties. Defendant then shot Sam in the left side of his abdomen and ran out of the house. Rodriguez testified that he was upstairs looking for more items to steal when he heard the gunshot. He came downstairs and saw defendant running from the home. Rodriguez began to follow but Sam grabbed him by the leg. Rodriguez kicked himself free and ran out of the home. Outside, he saw Jakubov driving away with defendant. Rodriguez fled on foot. While doing so, he discarded the shirt he was wearing, his plastic gloves, and a handgun.

Monroe Township police officers Richard Livingston and Allan Excel responded to the scene and received a description of the robbers. Shortly thereafter, they discovered Rodriguez several blocks away from the Shnayder home. When the officers approached him Rodriguez was sweaty, avoiding eye contact, and stuttering. Rodriguez identified himself and stated that he was coming from his friend’s house in Monroe. The officers noticed bulges in Rodriguez’s front pants pocket. Fearing he had a weapon, the officers conducted a pat-down search, which revealed two cellphones, two watches, $7000 in cash, and a black mask in Rodriguez’s back pocket.

Officer Excel testified that Rodriguez stated that “he knew what went on down the street” and gave a description of the Lexus. The police arrested Rodriguez and gave him Miranda1 warnings. Rodriguez confessed that he, Jakubov, and defendant robbed the Shnayder home and that defendant shot Sam during the incident.

At police headquarters, Rodriguez agreed to make a telephone call to defendant and Jakubov while the police listened. Rodriguez asked defendant and Jakubov to come back and get him, [98]*98informing them that he had taken $7000 from the home. Jakubov and defendant told Rodriguez to “lay low” and promised that they would come and get him. Several minutes later, Rodriguez was informed by Jakubov’s girlfriend that Jakubov had been arrested for driving without a license.

Rodriguez spoke to defendant and asked him to pick him up. Defendant asked how much money Rodriguez had removed from the premises. Rodriguez confirmed that he had $7000 plus two expensive watches. Defendant agreed to pick up Rodriguez at a nearby hotel. Defendant returned to Monroe in a taxi and the police took him into custody at the hotel.

Defendant testified and denied participating either in the planning or commission of the robbery. Defendant admitted to traveling to Monroe in early August 2005 with Jakubov and Rodriguez but denied knowing the purpose of the trip. According to defendant, Rodriguez took photographs of the Shnayder home. Defendant also denied that Jakubov and Rodriguez asked him to return to the area at a later date.

Defendant testified that he returned to the area where the robbery took place in the early morning after the armed robbery and shooting. He testified as follows on direct:

[Defense Counsel]: Did you come down to Monroe Township on August 20th, 3 o’clock in the morning?
[Defendant]: Yes, ma’am.
Q. And how did you come to wind up coming down to Monroe Township?
A All right. Nathan [Jakubov] was with a girl that I hooked him up with.
Q. What’s that girl’s name?
A. Asia.
Q. Do you know her last name?
A. I don’t recall her last name. I don’t, ma’am, no. Nathan was with Asia, the girl I hooked him up with. So, Asia called me and said Nathan—
[Assistant Prosecutor]: Objection, hearsay.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Alterik Ellis
New Jersey Superior Court App Division, 2025
State of New Jersey v. Giovanni A. Pisaniello
New Jersey Superior Court App Division, 2025
State of New Jersey v. Andre A. Murrill
New Jersey Superior Court App Division, 2025
State of New Jersey v. Meliton Alvarez
New Jersey Superior Court App Division, 2025
State of New Jersey v. Dennis K. Parrish
New Jersey Superior Court App Division, 2025
State of New Jersey v. John G. Formisano
New Jersey Superior Court App Division, 2025
Randee K. Jennings, Etc. v. Carl F. Simmons
New Jersey Superior Court App Division, 2025
State of New Jersey v. Orlando Matos
New Jersey Superior Court App Division, 2025
State of New Jersey v. Andrew J. Harriott
New Jersey Superior Court App Division, 2024
State of New Jersey v. Anthony Barksdale
New Jersey Superior Court App Division, 2024
State of New Jersey v. Darwens H. Cadet
New Jersey Superior Court App Division, 2024
State of New Jersey v. Osborne S. Maloney
New Jersey Superior Court App Division, 2024
Haydee Gallardo v. Walmart
New Jersey Superior Court App Division, 2024

Cite This Page — Counsel Stack

Bluebook (online)
77 A.3d 1147, 216 N.J. 91, 2013 WL 5629368, 2013 N.J. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-osborne-s-maloney-068877-nj-2013.