Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Zamor

October 30, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HARRY G. ZAMOR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, 01-11-01342-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 9, 2007

Before Judges Weissbard and Baxter.

Defendant, Harry Zamor, appeals from his conviction by a jury of possession of cocaine, N.J.S.A. 2C:35-10(a)(1), possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and possession of cocaine with intent to distribute within five hundred feet of a public park, N.J.S.A. 2C:35-7.1. At sentencing on November 8, 2002, the judge granted the State's motion to sentence defendant to an extended term, both as a persistent offender, N.J.S.A. 2C:44-3(a), which is discretionary, and as a repeat drug offender, N.J.S.A. 2C:43-6(f), which is mandatory. On the second-degree public park charge defendant was sentenced to seventeen years in prison with seven years of parole ineligibility. The other charges were merged. The sentence was ordered to run consecutive to sentences previously imposed on unrelated charges.

On appeal defendant presents the following arguments:

POINT I: THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE ERRONEOUS AND PREJUDICIAL INSTRUCTION ON THE LAW OF CREDIBILITY

POINT II: THE STATE'S RELIANCE ON ABSENTEE WITNESSES TO IMPLICATE THE DEFENDANT IN THE COMMISSION OF THE CRIMES VIOLATED THE DEFENDANT'S RIGHT TO CONFRONT WITNESSES AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 10 OF THE NEW JERSEY CONSTITUTION AND THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY CONSTITUTION

POINT III: THE STATE FAILED TO PROVE EACH AND EVERY ELEMENT OF THE OFFENSE (INTENT TO DISTRIBUTE CDS WITHIN 500 FEET OF A PUBLIC PARK CONTROLLED BY A LOCAL GOVERNMENT UNIT) BEYOND A REASONABLE DOUBT

POINT IV: THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY PROSECUTORIAL MISCONDUCT

POINT V: THE STATE'S USE OF EVIDENCE OF THE DEFENDANT'S SILENCE AT OR NEAR THE TIME OF HIS ARREST TO PROVE HIS GUILT VIOLATES THE NEW JERSEY COMMON LAW

PONT VI: THE SENTENCE IS EXCESSIVE

A. THE TRIAL COURT ERRED WHEN IMPOSING THE EXTENDED TERM

B. THE TRIAL COURT IMPROPERLY BALANCED THE AGGRAVATING AND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.