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State v. Gadsden

August 4, 1997

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TYRONE GADSDEN, DEFENDANT-APPELLANT.



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

Approved for Publication August 4, 1997.

Before Judges King and Loftus. The opinion of the court was delivered by Loftus, J.A.D.

The opinion of the court was delivered by: Loftus

The opinion of the court was delivered by

LOFTUS, J.A.D.

This case involves the issue of whether evidence which was obtained by Hillside police officers during a search incident to an arrest with a warrant in contiguous Newark should have been suppressed because the officers were outside their jurisdictional limits as set forth in N.J.S.A. 40A:14-152. We conclude that the search was not constitutionally infirm and the convictions must stand.

I. Procedural History

On June 22, 1993, the Grand Jury of Union County returned Indictment No. 93-06-00842-I. It charged defendant, Tyrone Gadsden (Gadsden), with the following offenses on February 20, 1993: (1) armed robbery of Regina Nelson, contrary to N.J.S.A. 2C:15-1 (count one); (2) armed robbery of Placidi Ceus, contrary to N.J.S.A. 2C:15-1 (count two); (3) armed robbery of Mirlande Ceus, contrary to N.J.S.A. 2C:15-1 (count three); (4) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count four); and (5) possession of a firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count five).

On July 13, 1993, the Union County Grand Jury returned Indictment No. 93-07-00941-I which charged defendant, Tyrone Gadsden, with the following offenses on March 20, 1993: (1) armed robbery of Jackes Jacques and/or Jorge Ferreira, contrary to N.J.S.A. 2C:15-1 (count one); (2) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count two); (3) possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count three); and (4) possession of an imitation firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4e (count four).

On July 13, 1993, the Union County Grand Jury returned Indictment No. 93-07-00942-I which charged defendant, Tyrone Gadsden with the following offenses on April 11, 1993: (1) armed robbery of Michelle Evaristo and/or Angella Edie, contrary to N.J.S.A. 2C:15-1 (count one); (2) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count two); (3) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count three); and (4) possession of an imitation firearm for unlawful purposes, contrary to N.J.S.A. 2C:39-4e (count four).

On September 14, 1993, the Union County Grand Jury returned Indictment No. 93-09-01210-I against defendant, Tyrone Gadsden, charging him with the following offenses on May 1, 1993: (1) armed robbery of Robert Craft, contrary to N.J.S.A. 2C:15-1 (count one); (2) armed robbery of Yves Exume, contrary to N.J.S.A. 2C:15-1 (count two); (3) armed robbery of Salvatore DeFranco, contrary to N.J.S.A. 2C:15-1 (count three); (4) unlawful possession of a handgun without a permit, contrary to N.J.S.A. 2C:39-5b (count four); and (5) possession of a handgun for unlawful purposes, contrary to N.J.S.A. 2C:39-4a (count five). Gadsden pleaded not guilty to the charges and various pre-trial motions were heard.

At the motion to suppress, Gadsden contended that all evidence which had been seized during his arrest should be suppressed because he was arrested by the Hillside police outside of their jurisdiction in violation of N.J.S.A. 40A:14-152. The evidence included his and co-defendant Vernon Harris' statements to police, reports relating to the seizure of his vehicle, surveillance and investigation results of Gadsden and Harris, as well as fingerprint and photographic identifications of Gadsden and Harris.

The Judge denied Gadsden's request for a Wade hearing because he did not meet the preliminary criteria of impermissible suggestiveness under State v. Ortiz, 203 N.J. Super. 518, 522, 497 A.2d 552 (App. Div.), certif. denied, 102 N.J. 335 (1985). After a Miranda hearing, the Judge ruled that Gadsden's statement of May 5, 1993, to Union Township police was admissible. The Judge also denied the motion to suppress.

Gadsden then retracted his pleas of not guilty and entered pleas of guilty to the following crimes: (1) counts one, two and three of Union County Indictment Number 93-06-00842-I, charging armed robbery of Regina Nelson, Placide Ceus, and Mirlande Ceus; (2) count one of Union County Indictment Number 93-07-00941-I, charging armed robbery of Jackes Jacques and/or Jorge Ferreira; (3) count one of Union County Indictment Number 93-07-00942I, charging armed robbery of Michelle Evaristo and/or Angella Edie; and (4) counts one, two and three of Union County Indictment Number 93-09-1210-I, charging armed robbery of Robert Craft, Yves Exume and Salvatore DeFranco. Defendant entered a conditional plea pursuant to R. 3:9-3(f), preserving his right to appeal from the adverse decision on the Miranda hearing and the motion to suppress.

In exchange for his pleas of guilty, the State agreed to dismiss all other counts of the four indictments, and to recommend an aggregate sentence of twenty-five years with a twelve-year parole disqualification which was to run concurrently with any parole violation. Gadsden also agreed to testify truthfully against Vernon Harris at trial.

Gadsden was sentenced to an aggregate term of twenty-five years with a twelve-year parole ineligibility term on Indictments Number 93-07-00941-I, 93-07-00942-I, 93-06-00842-I and 93-09-01210-I. All sentences were to run concurrently with each other. A $50 V.C.C.B. penalty was imposed on each of the eight robbery counts for a total of $400. As a condition of the sentence, Gadsden agreed to testify truthfully against co-defendant Vernon Harris. Defendant was given 404 days jail credit. All remaining counts of the indictments were dismissed. Gadsden appeals.

On appeal, he contends:

POINT I

THE TRIAL COURT ERRED IN FINDING THAT DEFENDANT HAD NOT BEEN ILLEGALLY ARRESTED; CONSEQUENTLY, ALL EVIDENCE OBTAINED AS A RESULT OF THE ARREST SHOULD HAVE BEEN SUPPRESSED. U.S. CONST., AMEND.IV; N.J. CONST., (1947) ART. 9, PARA. 7.

POINT II

THE TRIAL COURT ERRED IN ADMITTING DEFENDANT'S IN-CUSTODY STATEMENT TO UNION POLICE IN VIOLATION OF THE REQUIREMENTS OF MIRANDA V. ARIZONA, THE UNITED STATES CONSTITUTION AND NEW JERSEY COMMON LAW. U.S. CONST., AMEND. V. AND XIV.

POINT III

DEFENDANT'S SENTENCE IS EXCESSIVE AND SHOULD BE ...


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