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State v. Christion

Decided: April 24, 1978.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHRISTOPHER CHRISTION, DEFENDANT-APPELLANT



On appeal from Superior Court Law Division, Essex County.

Halpern, Larner and King. The opinion of the court was delivered by Larner, J.A.D.

Larner

[158 NJSuper Page 451] Defendant was convicted on three counts of an indictment charging (1) conspiracy (N.J.S.A. 2A:98-1), (2) possession of lottery paraphernalia (N.J.S.A. 2A:121-3(b)) and (3) working for a lottery (N.J.S.A. 2A:121-3(a)). The court imposed two concurrent 12-month sentences to the Essex County Correction Center on (1) and (3); a three-month suspended sentence on (2), and a fine and probation.

Defendant assigns the following grounds for reversal:

Point I The trial court erred in denying a motion for judgment

of acquittal on the count which charges defendant with

working for a lottery.

Point II The court erred in admitting into evidence certain con-

fiscated lottery materials because of deficiencies in the

proof of chain of custody.

Point III The conspiracy count should be dismissed.

It is necessary to recite some of the facts in order to determine the question raised by Point I.

On March 16, 1976 members of the City/County Strike Force were staked out on Doremus Avenue, Newark, focusing on an abandoned tire which had been the object of prior surveillance as a suspected numbers drop. They were armed with search warrants founded on prior activity observed at the abandoned tire which reasonably supported the ...


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