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State v. Tann

June 28, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHERWIN TANN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, 05-01-0069.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 12, 2007

Before Judges Stern and Coburn.

A jury found defendant guilty of third-degree possession of heroin, N.J.S.A. 2C:35-10a(1) (Count One); third-degree possession of heroin with intent to distribute, N.J.S.A. 2C:35- 5a(1) (Count Two) and (2); third-degree possession of heroin with intent to distribute within 1,000 feet of a school, N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-5a (Count Three); and second-degree possession of heroin with intent to distribute within 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1 and N.J.S.A. 2C:35-5a (Count Four). After merging the first three counts into Count Four, Judge Marmo sentenced defendant to imprisonment for eight years with three and one-half years of parole ineligibility.

On appeal, defendant offers the following arguments:

POINT I

IT WAS PLAIN ERROR NOT TO INSTRUCT THE JURY ON THE LESSER INCLUDED OFFENSE OF POSSESSION OF CDS, THE ELEMENTS OF WHICH ARE SUPPORTED BY THE EVIDENCE; A REVERSAL IS WARRANTED (NOT RAISED BELOW)

POINT II

THE TRIAL COURT ERRED IN DENYING A MOTION FOR A JUDGMENT OF ACQUITTAL

POINT III

THE TRIAL COURT ERRED IN INSTRUCTING THE JURY THAT REASONABLE INFERENCES WERE EVIDENCE (NOT RAISED BELOW)

POINT IV

THE TRIAL COURT ERRED BY ALLOWING THE STIPULATIONS TO BE ENTERED ...


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