On appeal from the Superior Court of New Jersey, Law Division, Criminal Part, Gloucester County, Indictment No. 05-07-0562-I.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: February 10, 2010
Before Judges Stern and Newman.
Defendant was convicted at a jury trial of third-degree receiving stolen property*fn1 and sentenced to the custody of the Commissioner of the Department of Corrections for four years.
On this appeal, he argues:
POINT I - THE DEFENDANT'S CONVICTIONS MUST BE REVERSED AS THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE.
POINT II - THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE, UNDULY PUNITIVE AND NOT IN CONFORMANCE WITH THE CODE OF CRIMINAL JUSTICE.
We find no merit to these contentions, and conclude that only the following comments are warranted in a written opinion. R. 2:11-3(e)(2).
Defendant lived in his sister's apartment, which was below the victim's apartment. On May 10, 2005, he called the police and reported he "heard noises" in the apartment upstairs. He checked and saw "the door was open" when no one responded to his call. Subsequently one of the victims called defendant's sister to advise her of the burglary, and the sister found some of the missing property under defendant's coat on a chair in a closet when she arrived home.
The proofs and inferences were more than sufficient to sustain the conviction, State v. Reyes, 50 N.J. 454, 458-59 (1967), and we reject defendant's contention that the conviction was against the weight of the evidence. See State v. Cook, 179 N.J. 533, 565 (2004).
Defendant had received three concurrent three-year sentences on three indictments in April 2004 and a one-year sentence made concurrent thereto in December 2005.*fn2 The mid- range sentence subsequently imposed for this third-degree crime occurring between the two prior sentencing dates is not excessive. The offense occurred on May 10, 2005, and he was sentenced on April 7, 2006. Accordingly, defendant may be entitled to gap time credits he does not now request. See N.J.S.A. 2C:44-5(b)(2). If so, he can apply for same to the trial court.