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State v. Anderson

September 24, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DONTAIE ANDERSON A/K/A JERRY MATTHEWS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, 03-03-0221-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 11, 2007

Before Judges Winkelstein and Yannotti.

Defendant Dontaie Anderson appeals from Judge Joseph P. Donohue's May 12, 2006, order denying defendant's petition for post-conviction relief. On appeal, defendant raises the following points:

POINT I

THE DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 10 OF THE NEW JERSEY CONSTITUTION BY FAILING TO USE THE SUPPRESSION REMEDY.

A. THE POLICE LACKED PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT HAD COMMITTED A CRIME TO JUSTIFY A WARRANTLESS SEARCH.

B. THE WARRANTLESS STRIP SEARCH AND BODY CAVITY SEARCH WERE UNLAWFUL.

POINT II

THE DEFENDANT'S PLEA MUST BE VACATED BECAUSE IT WAS BASED ON A MATERIAL MISREPRESENTATION OF LAW.

We affirm.

On March 6, 2003, a Union County Grand Jury indicted defendant, charging him with the following offenses: third-degree possession of a controlled dangerous substance, cocaine, N.J.S.A. 2C:35-10a(1) (count one); third-degree possession of a controlled dangerous substance, cocaine, with the intent to distribute, N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3) (count two); and second-degree possession of a controlled dangerous substance, cocaine, with the intent to distribute within 500 feet of a public housing facility, N.J.S.A. 2C:35-7.1 (count three).

The charges arose from an incident that occurred on November 29, 2002, when a police detective assigned to the Plainfield Police Narcotics Division was conducting undercover surveillance in an area "well known" for narcotics transactions. He observed defendant standing on Elmwood Street in Plainfield when a pickup truck stopped, the passenger got out of the truck, and, according to the officer's report, gave defendant an unknown amount of U.S. currency. The report stated that defendant look[ed] over his shoulder . . . as his left hand reached into his buttock area. [Defendant] kept reaching into his buttock looking around. ...


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