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. Sylvester

May 21, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
NORMAN SYLVESTER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 05-06-1480.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 6, 2008

Before Judges Skillman and Yannotti.

Defendant Norman Sylvester was charged under Essex County Indictment No. 05-06-1480 with conspiracy to possess a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:5-2 (count one); possession of CDS, N.J.S.A. 2C:35-10a(1) (count two); possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(3) (count three); distribution, dispensing or possessing CDS with intent to distribute while on or within 1000 feet of school property, N.J.S.A. 2C:35-7 (count four); distributing, dispensing or possessing CDS with intent to distribute while in, on or within 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1 (count five); possession of CDS, N.J.S.A. 2C:35-10a(1) (count six); possession of CDS with intent to distribute, N.J.S.A. 2C:35-5a(1), N.J.S.A. 2C:35-5b(3) (count seven); distributing, dispensing or possessing CDS with intent to distribute while on or within 1000 feet of school property, N.J.S.A. 2C:35-7 (count eight); and distributing, dispensing or possessing CDS with intent to distribute while in, on or within 500 feet of a public housing facility, park or building, N.J.S.A. 2C:35-7.1 (count nine).

Defendant was tried to a jury, which found him guilty on all counts. At sentencing, the judge merged counts one, two, three and four with count five and sentenced defendant on count five to a fifteen-year term of incarceration, with a seven-andone-half year period of parole ineligibility. The judge merged counts six, seven and eight with count nine and sentenced defendant to a term of fifteen years, with a seven-and-one-half year period of parole ineligibility. The judge ordered that the sentence on count nine be served concurrently with the sentence on count five, and further ordered that the sentence on count five be served consecutively to a sentence imposed in Mercer County on Accusation No. 06-04-0359. The judge also ordered a twenty-four month suspension of defendant's driving privileges, and imposed appropriate penalties and fees.

Defendant appeals from the judgment of conviction entered on August 7, 2006, and raises the following arguments for our consideration:

POINT I.

THE FAILURE OF THE TRIAL COURT TO EITHER GRANT A REASONABLE ADJOURNMENT TO ALLOW DEFENDANT AN OPPORTUNITY TO REVIEW THE EXPERT REPORT OF DETECTIVE LIPET OR BARRING THE REPORT ALTOGETHER DEPRIVED THE DEFENDANT OF THE RIGHT TO A FAIR TRIAL.

POINT II.

THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING DEFENDANT'S MOTION TO DISMISS ALL COUNTS OF THE INDICTMENT AT THE END OF THE STATE'S CASE BECAUSE THE EVIDENCE PRESENTED DID NOT ESTABLISH THAT THE DEFENDANT IN ANY WAY POSSESSED CDS, DISTRIBUTED CDS OR WAS INVOLVED IN A CONSPIRACY TO DO SO.

POINT III.

THE TRIAL COURT'S DENIAL OF DEFENDANT'S MOTION TO DISMISS THE COUNTS OF THE INDICTMENT RELATED TO INTENT TO DISTRIBUTE CDS IN A SCHOOL ZONE WAS AN ABUSE OF DISCRETION WHICH RESULTED IN DEPRIVING THE DEFENDANT OF THE RIGHT TO A FAIR TRIAL.

POINT IV.

THE SENTENCE IMPOSED ON THE DEFENDANT IS MANIFESTLY EXCESSIVE AND IS AN IMPROPER APPLICATION OF THE SENTENCING GUIDELINES.

A. THE COURT COMMITTED REVERSIBLE ERROR BY SENTENCING THE DEFENDANT TO TWO FIFTEEN YEAR TERMS FOR 2nd POSSESSION WITH INTENT TO DISTRIBUTE CDS WITHIN 500 FEET OF PUBLIC HOUSING TO RUN ...


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.