On appeal form the Superior Court of New Jersey, Law Division, Union County, Indictment No. 04-09-1123-I, 04-09-1152-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 29, 2008
Before Judges Yannotti and LeWinn.
Union County Indictment No. 04-09-1123 charged defendant, Quasan Shabazz, with third-degree distribution of heroin, contrary to N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count one); and third-degree distribution of heroin within 1000 feet of school property, contrary to N.J.S.A. 2C:35-7 (count two).
Defendant brought a motion to suppress on May 6, 2005, which the judge denied following a hearing. Tried to a jury on October 12, 13, and 14, 2005, defendant was convicted on both counts. At sentencing, on January 24, 2006, defendant pled guilty to a fourth-degree assault charge, contrary to N.J.S.A. 2C:12-1(b)(5)(a), under Union County Indictment No. 04-09-1152. The court granted the State's motion to sentence defendant to an extended term on Indictment No. 04-09-1123, and sentenced defendant, on count two, to a term of six years imprisonment with a three-year period of parole ineligibility; count one merged into count two. Pursuant to his plea bargain on the fourth-degree assault charge, defendant was sentenced to a concurrent nine-month term. This appeal followed.
On appeal, defendant raises the following issues:
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR SUPPRESSION OF EVIDENCE
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT
THE TRIAL COURT ERRED BY NOT ENTERING A JUDGMENT OF ACQUITTAL AT THE END OF THE STATE'S CASE WHICH WAS ...