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State v. Dazilme

June 29, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LUCMANE DAZILME A/K/A LUCMANE ZILME, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Ind. No. 02-02-0298.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 27, 2007

Before Judges Weissbard and Lihotz.

Defendant, Lucmane Dazilme, appeals from his August 1, 2003 conviction, following a jury trial, for third-degree possession of a controlled dangerous substance (CDS) with intent to distribute within 500 feet of a park, N.J.S.A. 2C:35-7.1, and the ordered sentence of four years incarceration. Defendant's conviction for fourth-degree possession of CDS, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(12), was merged into the third-degree offense. Applicable fines, assessments and a six-month suspension of his driver's privileges were imposed.

Defendant raises the following points on appeal:

POINT I

THE TRIAL COURT ERRED IN PERMITTING DETECTIVE STEWARD TO RENDER EXPERT TESTIMONY ON THE ISSUE OF INTENT TO DISTRIBUTE NARCOTICS (Not Raised Below).

POINT II

THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THE ELEMENT OF INTENT TO DISTRIBUTE DRUGS; CONSEQUENTLY THE CONVICTIONS ON COUNTS ONE AND TWO MUST BE VACATED (Not Raised Below).

POINT III

DEFENDANT'S CONVICTION MUST BE SET ASIDE AS THE JURY VERDICT WAS INCONSISTENT AND AGAINST THE WEIGHT OF THE EVIDENCE.

POINT IV

THE COURT ABUSED HIS DISCRETION IN ALLOWING PICTURES INTO EVIDENCE WHERE THEY WERE INFLAMMATORY ...


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