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State v. Cuebas

March 26, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JONATHAN CUEBAS A/K/A JONATHAN JOHNSON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 05-09-1264.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 1, 2008

Before Judges Reisner and Sapp-Peterson.

Following the denial of his motion to suppress evidence, defendant pled guilty to third-degree possession with intent to distribute heroin within 1000 feet of school property, N.J.S.A. 2C:35-7, pursuant to a negotiated plea agreement. Defendant was sentenced to a five-year custodial term with a two-and-one-half-year period of parole ineligibility, along with appropriate fines and penalties.

Defendant raises the following points on appeal:

POINT I THE WARRANTLESS SEARCH AND SEIZURE WAS NOT JUSTIFIABLE BY ANY EXCEPTION. AS A RESULT THE FRUITS OF THAT UNCONSTITUTIONAL SEARCH AND SEIZURE SHOULD HAVE BEEN SUPPRESSED.

[POINT] A NO BASIS EXISTED FOR AN ARREST OF THE DEFENDANT.

[POINT] B THE INFORMANT'S TIP DID NOT CONTAIN PARTICULARIZED INFORMATION AND WAS NOT SUFFICIENTLY CORROBORATED.

POINT II THE SENTENCE IMPOSED WAS EXCESSIVE, REQU[I]RING REDUCTION.

After consideration of the record, the arguments presented in the briefs and the applicable law, we reject appellant's arguments and affirm.

The following facts were presented during the suppression hearing.

On May 7, 2005, Jersey City Police Officer Anthony Goodman received a tip from a confidential informant that a man known as "Q" would be making deliveries of heroin while driving a beige Dodge Intrepid with tinted windows. The informant described "Q" as wearing a black jacket and a black-and-white jersey. The informant added that "Q" would be leaving from the south side of Orient Avenue to make the heroin deliveries. The informant did not have an exact address of the house he would be exiting.

The confidential informant had provided Goodman with information on approximately fifteen to twenty prior occasions, and the informant had proven reliable in each instance. Likewise, Goodman had participated in over 1000 narcotics-related arrests and had received specialized training in the area of ...


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