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State v. Swirski

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


September 18, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FRANCIS J. SWIRSKI, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-06-1505A.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 14, 2009

Before Judges Fisher and Grall.

Defendant Francis J. Swirski pled guilty to receiving stolen property, N.J.S.A. 2C:20-7, a crime of the third degree.

In conformity with defendant's plea agreement with the State, the judge sentenced defendant to an eighteen-month term of probation and imposed a $50 VCCB assessment, a $75 LEOTEF assessment, a $30 LEOTEF penalty and a $10 monthly fee for supervision on probation. Pursuant to Rules 3:5-7(d) and 3:28(g), defendant appeals from the denial of his motions to suppress evidence and gain admittance to the Pretrial Intervention Program over the State's objection. We affirm substantially for the reasons stated by Judge Kreizman in his decision on the suppression motion delivered on April 11, 2008 and those stated by Judge DeStefano in his written opinion of February 1, 2008.

Affirmed.

20090918

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