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State v. Forbes

October 4, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID FORBES, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, 03-08-0040.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 25, 2007

Before Judges Coburn, Fuentes and Grall.

Defendant, David Forbes, was tried before a jury on an indictment returned by a state grand jury. He was found guilty of second degree conspiracy to violate the narcotics laws, N.J.S.A. 2C:5-2; and third degree distribution of marijuana, N.J.S.A. 2C:35-5(a)(1), and received a prison term of seven years. On appeal, he makes the following arguments:

POINT ONE

THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT'S MOTION FOR A DRIVER HEARING REGARDING ADMISSION OF AUDIO TAPES.

POINT TWO

THE JUDGE ERRED BY ALLOWING TRANSCRIPTS TO BE USED TO AID THE JURY IN UNDERSTANDING THE AUDIOTAPES.

POINT THREE

DEFENSE COUNSEL'S FAILURE TO MAKE A TIMELY MOTION TO SUPPRESS THE SURVEILLANCE AUDIOTAPES DENIED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL (Not raised below).

POINT FOUR

A. DEFENSE COUNSEL'S FAILURE TO MAKE A SEVERANCE MOTION DENIED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO EFFECTIVE ...


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