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State v. Little

January 23, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES LITTLE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Mercer County.

Approved for Publication January 27, 1997.

Before Judges Michels and Muir, Jr. The opinion of the court was delivered by Muir, Jr., J.A.D.

The opinion of the court was delivered by: Muir

The opinion of the court was delivered by

MUIR, JR., J.A.D.

A jury found defendant guilty of possession of "crack" cocaine (N.J.S.A. 2C:35-10a(1), count one); possession of the same cocaine with intent to distribute (N.J.S.A. 2C:35-5a(1), -5b(3), count two); distribution of the same cocaine (N.J.S.A. 2C:5a(1), -5b(3), count three); possession with intent to distribute the same cocaine within 1,000 feet of school property (N.J.S.A. 2C:35-7, -5a(1), -5b(3), count four); and distribution of the same cocaine within 1,000 feet of school property (N.J.S.A. 2C:35-7, -5b(3), count five). The trial court merged the first four counts into count five and sentenced defendant to four years with the three-year mandatory parole ineligibility term required by N.J.S.A. 2C:35-7. The court also imposed appropriate monetary penalties as well as a driver's license suspension.

Defendant appeals, contending:

I.

THE PHOTOGRAPHIC IDENTIFICATIONS OF DEFENDANT WERE IMPERMISSIBLY AND UNNECESSARILY SUGGESTIVE AND SHOULD HAVE BEEN SUPPRESSED. (not raised at trial level)

II.

THE IN-COURT IDENTIFICATION OF DEFENDANT BY VITKOSKY SHOULD HAVE BEEN EXCLUDED BECAUSE THE PHOTO IDENTIFICATIONS WERE SO IMPERMISSIBLY SUGGESTIVE THAT THEY GAVE RISE TO A SUBSTANTIAL LIKELIHOOD OF IRREPARABLE MISIDENTIFICATION. (not raised at trial level)

III.

DEFENDANT'S CONVICTION SHOULD BE REVERSED BECAUSE THE UNNECESSARY DELAY IN HIS ARREST AND INDICTMENT SEVERELY PREJUDICED ...


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