On appeal from Superior Court of New Jersey, Law Division, Union County Docket No. 04-10-1303.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 29, 2008
Before Judges Payne and Waugh.
Defendant, Jonathan Black, was charged with and convicted of second-degree aggravated assault causing serious bodily injury, N.J.S.A. 2C:12-1(b)(1), first-degree armed robbery, N.J.S.A. 2C:15-1, second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a), and third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b), following the shooting by defendant of a gas station attendant in the chest in the course of a robbery attempt. Defendant, who was apprehended following another armed robbery of a Foot Locker store, confessed to the earlier crime but repudiated his confession at trial. After trial on charges arising from the gas station shooting and attempted robbery, defendant was sentenced to sixteen years in prison with an eighty-five percent parole disqualifier, pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2.
Defendant has appealed from his conviction and sentence, raising the following arguments:
THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO SUPPRESS.
B. THE TRIAL COURT ERRED IN CONCLUDING THE SEARCH AND SEIZURE WAS JUSTIFIED PURSUANT TO THE AUTOMOBILE EXCEPTION TO THE SEARCH WARRANT REQUIREMENT.
C. THE TRIAL COURT ERRED IN CONCLUDING THE CONDUCT OF THE POLICE WAS PROPER ON THE BASIS THAT THE OCCUPANTS OF THE VEHICLE THE DEFENDANT WAS OPERATING WERE ARMED, THUS PERMITTING THE SEARCH OF THE OCCUPANTS AS WELL AS THE INTERIOR OF THE VEHICLE ITSELF.
D. THE IMPROPER SEARCH AND SEIZURE WHICH RESULTED IN THE DEFENDANT'S ARREST NECESSARILY TAINTED THE STATEMENT THE POLICE SUBSEQUENTLY OBTAINED FROM HIM AT HEADQUARTERS.
THE PROSECUTOR'S SUMMATION EXCEEDED THE BOUNDS OF PROPRIETY. ...