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State v. J.P.

May 1, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
J.P., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 00-04-0669.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 27, 2008

Before Judges Sapp-Peterson and Messano.

Defendant J.P. appeals from the judgment of conviction and sentence imposed after he pled guilty to a single-count indictment, as amended, charging him with attempted neglect of a child, N.J.S.A. 2C:5-1 and N.J.S.A. 9:6-3. He raises the following points on appeal for our consideration:

POINT I

[THE] TRIAL COURT COMMITTED PLAIN ERROR IN DENYING [A] MOTION TO DISMISS [THE] INDICTMENT BASED ON LACK OF EVIDENCE AND ABSENCE OF ANY VICTIM.

POINT II

[THE] TRIAL COURT COMMITTED PLAIN ERROR IN DENYING [THE] MOTION TO DISMISS [THE] INDICTMENT BASED ON THE STATE'S IMPERMISSIBL[E] INTRODUCE[TION] OF EVIDENCE OF PRIOR CRIMES AT THE GRAND JURY PROCEEDING.

POINT III

[THE] TRIAL COURT COMMITTED PLAIN ERROR IN DENYING [THE] MOTION TO SUPPRESS EVIDENCE SEIZED BY POLICE DURING [A] SEARCH OF DEFENDANT'S APARTMENT, SINCE THE SEARCH WARRANT WAS ERRONEOUSLY ISSUED, PREDICATED ON INSUFFICIENT PROBABLE CAUSE.

POINT IV

[THE] TRIAL COURT COMMITTED PLAIN ERROR IN DENYING [THE] MOTION TO SUPPRESS STATEMENTS ELICITED BY POLICE DURING CUSTODIAL INTERROGATION OF DEFENDANT WHEN THEY FAILED TO ADVISE DEFENDANT OF HIS CONSTITUTIONAL RIGHTS UNDER MIRANDA V. ARIZONA.*fn1

POINT V

THE TRIAL COURT COMMITTED PLAIN ERROR IN TAKING DEFENDANT'S PLEA PREDICATED ON AN INSUFFICIENT FACTUAL PREDICATE.

POINT VI

DEFENDANT'S SENTENCE WAS ILLEGAL.

We have considered these arguments in light of the record and applicable legal ...


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