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State v. Bell

July 16, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL E. BELL, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment Nos. 06-12-2779 and 07-04-0939; Accusation No. 05-12-2623.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 2, 2009

Before Judges Collester and Graves.

In a three-count indictment, defendant Samuel Bell was charged with third-degree possession of a controlled dangerous substance (heroin) on July 20, 2006, in violation of N.J.S.A. 2C:35-10(a)(1) (count one); fourth-degree obstructing administration of law, in violation of N.J.S.A. 2C:29-1 (count two); and fourth-degree tampering with physical evidence, in violation of N.J.S.A. 2C:28-6(1) (count three). A jury convicted defendant on all counts. On August 17, 2007, defendant was sentenced to a five-year prison term on count one, and the court imposed two concurrent eighteen-month prison terms on counts two and three.*fn1

On appeal, defendant presents the following arguments:

POINT I

DEFENDANT'S MOTION TO SUPPRESS EVIDENCE WAS WRONGFULLY DENIED.

POINT II

THE ADMISSION OF HEARSAY TESTIMONY DENIED DEFENDANT A FAIR TRIAL. (NOT RAISED BELOW)

POINT III

DEFENDANT WAS PREJUDICED BY THE ADMISSION OF IMPROPER LAY TESTIMONY. (NOT RAISED BELOW)

POINT IV

THE ADMISSION OF IRRELEVANT AND UNDULY PREJUDICIAL EVIDENCE WAS REVERSIBLE ...


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