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State v. Hurdle

May 07, 1998

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



Submitted April 1, 1998

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

Before Judges Muir, Jr., Kestin, and Cuff.

The opinion of the court was delivered by: Muir, Jr., J.A.D.

A jury found defendant guilty of possession of cocaine in a quantity of one-half ounce or more, but less than five ounces, with intent to distribute (N.J.S.A. 2C:35-5a(1), -5b(2), count one); and possession of the same amount of cocaine (N.J.S.A. 2C:35-10a(1), count two). The trial court, after merging count two into count one, sentenced defendant to seven years of imprisonment. The court also imposed appropriate monetary penalties, as well as a six-month driver's license suspension.

Defendant appeals, contending:

POINT I

THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION FOR A NEW TRIAL.

POINT II

DEFENDANT'S CONVICTIONS ON COUNTS ONE & TWO ARE AGAINST THE WEIGHT OF THE EVIDENCE AND THE TRIAL COURT ERRED IN DENYING HIS MOTIONS FOR A JUDGMENT OF ACQUITTAL AND A NEW TRIAL.

POINT III

THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION TO SUPPRESS THE CDS FOUND IN THE CO-DEFENDANT'S PANTS.

POINT IV

THE TRIAL COURT ABUSED ITS DISCRETION IN FINDING THAT THE AGGRAVATING FACTORS OUTWEIGHED THE MITIGATING FACTORS WHEN IMPOSING SENTENCE ON THIS ...


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