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State v. Drew

December 18, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SANTINO DREW, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 04-03-00279.*fn1

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 27, 2008

Before Judges Lisa, Reisner and Sapp-Peterson.

Tried to a jury, defendant was convicted of third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1) (count one); third-degree distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5a(1) (count two); and third-degree distribution of a CDS within 1000 feet of school property, N.J.S.A. 2C:35-5a and N.J.S.A. 2C:35-7 (count three).*fn2 After merging count one with count three, Judge Gelade sentenced defendant to four years imprisonment with a three-year parole disqualifier. On count two, the judge imposed a three-year concurrent sentence.

Defendant argues on appeal:

POINT I

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY CONSTITUTION WAS VIOLATED BY THE IMPROPER ADMISSION OF EXPERT OPINION EVIDENCE WITHOUT A PROPER FOUNDATION. (Not Raised Below)

POINT II

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY STATE CONSTITUTION WAS VIOLATED BY THE TRIAL COURT'S FAILURE TO INSTRUCT THE JURORS ON HOW TO EVALUATE AND ASSESS OPINION EVIDENCE ON DNA ANALYSIS. (Not Raised Below)

POINT III

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY STATE CONSTITUTION WAS VIOLATED BY THE ERRONEOUS ADMISSION OF CRIMINAL DISPOSITION AND CHARACTER EVIDENCE. (Not Raised Below)

POINT IV

THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. I PAR. 1 OF THE NEW JERSEY STATE CONSTITUTION WAS VIOLATED BY THE ...


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