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State ex rel K.N.

February 23, 2009

STATE IN THE INTEREST OF K.N., A MINOR.


On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FJ-16-2160-05.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 27, 2009

Before Judges Skillman and Graves.

On March 1, 2005, when K.N. was sixteen years old, he was charged with juvenile delinquency for acts which, if committed by an adult, would constitute third-degree possession of heroin, in violation of N.J.S.A. 2C:35-10(a)(1); third-degree possession of heroin with intent to distribute, in violation of N.J.S.A. 2C:35-5(b)(3); and third-degree possession of heroin in a school zone with intent to distribute, in violation of N.J.S.A. 2C:35-7. On May 13, 2005, after K.N.'s motion to suppress evidence was denied, he pled guilty to possession of heroin and two additional charges: simple assault and a violation of probation.

At a dispositional hearing on June 16, 2005, the court noted that K.N. had previously been allowed to remain on probation after he pled guilty to possessing drugs with intent to distribute, making a terroristic threat, joyriding, and violating his probation. In connection with those offenses, the court imposed a two-year sentence to the State Home for Boys,*fn1 on February 18, 2005. That sentence was suspended, however, on the condition that K.N. "enter and complete the Total Life Program." Based on the new offenses, the court determined that K.N. was in need of a more structured environment, and he was sentenced to the State Home for Boys for two years for violating probation. The court imposed concurrent sentences for the other offenses.

On appeal, K.N. presents the following arguments:

POINT I

THE TRIAL COURT ERRED BY DECIDING THE MOTION TO SUPPRESS ON THE PAPERS AND NOT ALLOWING EVIDENCE TO BE HEARD DURING THE MOTION TO SUPPRESS HEARING.

POINT II

THE TRIAL COURT ERRED BY DENYING THE JUVENILE'S MOTION TO SUPPRESS EVIDENCE.

POINT III

THE TRIAL COURT ERRED BY NOT CONSIDERING THE RECOMMENDATIONS TO DEFER THE JUVENILE TO A PROGRAM OTHER THAN THE STATE HOME FOR ...


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