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State v. Armbruster

July 23, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PETER N. ARMBRUSTER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Morris County, Indictment No. 04-11-1481.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 17, 2007

Before Judges Payne and Graves.

Following entry of a conditional plea of guilty to the second-degree offense of possession of a shotgun by a convicted felon, N.J.S.A. 2C:39-7, and imposition of a custodial sentence of five years, consecutive to a fifteen-year Mercer County sentence being served, defendant, Peter Armbruster, has appealed. On appeal, defendant presents the following arguments:

POINT I

THE COURT REVERSIBLY ERRED IN GRANTING THE PROSECUTOR'S MOTION FOR RECONSIDERATION AND REVERSAL OF ITS APRIL 2, 2004 ORDER WHICH DISMISSED MORRIS COUNTY INDICTMENT 98-05-0617-I BECAUSE OF THE STATE'S FAILURE TO BRING ARMBRUSTER TO TRIAL WITHIN THE 180 [DAY] TIME LIMIT MANDATED IN THE INTERSTATE AGREEMENT ON DETAINERS (IAD), N.J.S.A. 2A:159A-1, ET. SEQ. (U.S. Const. Amend. VI; N.J. Const. (1947) Art I., Para. 10)

POINT II

THE COURT REVERSIBLY ERRED IN REJECTING ARMBRUSTER'S MOTION FOR AN ORDER SUPPRESSING ANY AND ALL EVIDENCE, SEIZED FROM THE VEHICLE AND ANY STATEMENTS ALLEGEDLY MADE BY HIM. (U.S. Const. Amends. IV & XIV; N.J. Const. (1947) Art. 7)

POINT III

ARMBRUSTER'S FIVE-YEAR PRISON TERM CONSECUTIVE TO THE TERM HE IS PRESENTLY SERVING FOR CONVICTIONS UNDER MERCER COUNTY INDICTMENT 01-10-1397 IS ILLEGAL AND EXCESSIVE.

We affirm.

I.

The record indicates that at approximately 1:00 a.m. on October 31, 1997, Denville police officer Ken McEvoy stopped a 1989 blue Pontiac with temporary Pennsylvania plates for speeding. When McEvoy exited the patrol car, the Pontiac sped away, traveling at excessive speeds on various streets, with the police in pursuit, and eventually turning onto the eastbound lanes of Route 46. There, the car hit an embankment, became airborne, and crashed approximately 100 feet off the road in a wooded area at the border between Denville and Mountain Lakes. The driver, described by McEvoy as a brown-haired Caucasian man in his twenties, and the ...


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