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. Richardson

December 11, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES EDWARD RICHARDSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 05-03-0296.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 31, 2007

Before Judges Axelrad and Payne.

Defendant, James Richardson, appeals from his conviction on third-degree charges of possession of a controlled dangerous substance (CDS), heroin, N.J.S.A. 2C:35-10a(1); possession of CDS with the intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3); and possession of CDS with the intent to distribute it within 1,000 feet of a school, N.J.S.A. 2C:35-7. He appeals as well from his extended-term sentence of ten years in custody with a four-year period of parole ineligibility, imposed pursuant to N.J.S.A. 2C:43-6(f).

On appeal, defendant raises the following arguments:

POINT I

THE TRIAL JUDGE FAILED TO ADEQUATELY EXPLAIN THE LOITERING STATUTE AND THE DEFENDANT WAS SEVERELY PREJUDICED THEREBY. U.S. CONST. Amends. VI, XIV; N.J. CONST. (1947), Art. 1, pars. 9, 10. (Not Raised Below.)

POINT II

THE DEFENDANT WAS SEVERELY PREJUDICED BY THE TESTIMONY ELICITED BY THE STATE THAT THE UNDERCOVER OFFICER KNEW THE DEFENDANT. U.S. CONST. Amends. V, VI and XIV; N.J. CONST. (1947), Art. 1, pars. 1, 9 and 10. (Not Raised Below.)

POINT III

THE DEFENDANT'S SENTENCE IS EXCESSIVE AND IN VIOLATION OF NATALE II AND THOMAS. U.S. CONST. Amends. VI, XIV; N.J. CONST. (1947), Art. 1, pars. 9, 10. (Not Raised Below.)

We affirm defendant's conviction and remand the matter for resentencing.

The record provides evidence sufficient for a jury to conclude that Elizabeth police officer Athanasios Mikros, while in plain clothes, was approached by defendant in a high-crime location and asked what he was looking for. When Mikros responded "Diesel," meaning a brand of heroin, defendant asked how many he needed. Mikros responded, "two." Defendant then put his hand in his pocket but, after noticing the police's presence some distance away, instead of offering the drug as expected, defendant told Mikros to come with him. Realizing that his partner and a police car were approaching, Mikros arrested defendant before price was ...


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.