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State v. Kuc

July 14, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HERMAN T. KUC, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment No. 05-02-0209.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 29, 2008

Before Judges Cuff and Lihotz.

Union County Indictment 05-02-0209 charged defendant Herman T. Kuc with third-degree possession of heroin, N.J.S.A. 2C:35-10(a)(1), (count one); third-degree resisting arrest, N.J.S.A. 2C:29-2(a), (count two); two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(5)(a), (counts three and four); and fourth-degree obstruction of justice, N.J.S.A. 2C:29-1, (count five). Defendant moved to suppress the heroin evidence seized incident to arrest. The motion judge denied the application. Thereafter, defendant entered a guilty plea to the first three charges, and the State dismissed the remaining two. Defendant was sentenced to incarceration for an aggregate term of ten years with a two and one-half year period of parole ineligibility.

On appeal, defendant presents the following arguments for consideration:

POINT I

BECAUSE THE ARREST OF DEFENDANT WAS A ROUSE TO CIRCUMVENT HIS FOURTH AMENDMENT RIGHTS, THE HEROIN SEIZED MUST BE SUPPRESSED.

POINT II

DEFENDANT SHOULD HAVE BEEN SENTENCED TO A DRUG PROGRAM.

Filing a pro se supplemental letter brief, defendant reiterates the challenge to his sentence and additionally asserts:

DEFENDANT[']S COUNSEL WAS INEFFECTIVE THROUGHOUT ENTIRE PROCEEDINGS WHICH WOULD [HAVE] HAD DIFFERENT OUTCOME HAD LAWYER ACTED EFFECTIVELY IN CASE.

We affirm.

The facts are not in dispute. Detective James Crowell, a narcotics officer for the Rahway Police Department, received information from an anonymous source stating defendant would be selling heroin at the Burger King. There is only one Burger King in Rahway, located at the corner of Milton Avenue and Route 1. In the past, Crowell received information implicating defendant in illicit drug transactions. After running a computer check on defendant's warrant status, Crowell discovered two ...


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