On appeal from the Superior Court of New Jersey, Law Division, Essex County, 06-11-3498-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Axelrad and Winkelstein.
In November 2006, an Essex County grand jury, in indictment no. 06-11-3498, charged defendant with third-degree possession of cocaine, N.J.S.A. 2C:35-10 (count one); third-degree possession of a controlled dangerous substance with the intent to distribute, N.J.S.A. 2C:35-5 (count two); third-degree possession of cocaine with the intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count three); and third-degree resisting arrest, N.J.S.A. 2C:29-2 (count four). In accusation no. 07-06-0950, the State charged defendant with fourth-degree possession of marijuana, N.J.S.A. 2C:35-5 (count one); and third-degree possession of marijuana with the intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-7 (count two).
After the trial judge denied defendant's motion to suppress evidence, defendant pleaded guilty to counts one and four of the indictment and count two of the accusation. The court imposed a four-year prison term as to the charges in the indictment, concurrent with a four-year prison term, subject to a one-year period of parole ineligibility, under the charge in the accusation. The court dismissed the remaining charges.
On appeal, defendant raises three points:
DEFENDANT'S MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED AS THE COCAINE WAS SEIZED BY THE POLICE AFTER A SHOW OF AUTHORITY IN VIOLATION OF DEFENDANT'S CONSTITUTIONAL RIGHTS. U.S. CONST. AMEND. IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7.
THE TRIAL JUDGE ERRED BY DENYING THE DEFENDANT'S REQUEST TO HOLD AN EVIDENTIARY HEARING AND PRESENT TESTIMONY AT THE SUPPRESSION HEARING IN VIOLATION OF DEFENDANT'S CONSTITUTIONAL RIGHTS. U.S. CONST. AMEND IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7.
THE DEFENDANT'S SENTENCE WAS ...