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State v. Brown

February 21, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
IVAN L. BROWN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 05-12-00795-I.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 18, 2007

Before Judges Yannotti and LeWinn.

Defendant was indicted for third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and -5(b)3; and third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1). Following a two-day trial, a jury convicted him on both counts. At sentencing, the trial judge merged count two into count one and sentenced defendant to a four-year term of imprisonment.

On appeal, defendant raises the following issues:

I. THE DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL

A. Trial counsel was ineffective as a result of his failure to file relevant and necessary pretrial motions to suppress evidence, compel revelation of the use of confidential informants, and bar statements given in derogation of Defendant's Fifth Amendment privilege against self-[incrimination].

i. Any and all evidence seized as a result of the arrest of the defendant should have been the subject of a suppression motion filed before trial.

ii. Since he was questioned in custody, the police should have immediately informed Defendant of his Fifth Amendment rights, pursuant to Miranda, before questioning him.

iii. An application should have been made to determine whether or not a confidential informant was involved in the investigation.

B. The Defendant's conviction should be reversed because of trial counsel's failure to make evidentiary objections and conduct effective cross-examination, which, when taken together, had the clear capacity to affect the entire outcome of the case by misleading the jury.

i. Trial counsel failed to make timely objections to prejudicial hearsay evidence presented by the State.

ii. Defendant's trial counsel failed to adequately cross-examine the State's witnesses on numerous aspects of the testimony ...


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