On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 05-06-0653.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Rodríguez and Reisner.
Defendant Khalil Patrick appeals from his May 30, 2006 conviction for possession of a controlled dangerous substance, N.J.S.A. 2C:35-10a(1), and obstructing the administration of law, N.J.S.A. 2C:29-1. He also appeals from the aggregate sentence of four years in prison.
Defendant presents the following points for our consideration:
POINT I: THE TRIAL COURT ERRED IN FAILING TO SUPPRESS THE TWO FOLDS OF HEROIN RECOVERED AT THE SITE OF DEFENDANT'S ARREST.
POINT II: THE TRIAL COURT PERMITTED INADMISSIBLE DETAILS OF DEFENDANT'S PRIOR CONVICTIONS TO BE ADMITTED. (Not Raised Below)
POINT III: THE PROSECUTOR ENGAGED IN MISCONDUCT WHICH SINGULARLY AND CUMULATIVELY DEPRIVED DEFENDANT OF A FAIR TRIAL. (Not Raised Below)
POINT IV: DEFENDANT WAS DEPRIVED OF HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.
POINT V: DEFENDANT'S SENTENCE IS MANIFESTLY EXCESSIVE.
We decline to address defendant's point IV without prejudice to his filing a petition for post-conviction relief. See State v. Preciose, 129 N.J. 451, 462-63 (1992). We conclude that the remaining contentions are without merit and affirm.
We begin by addressing the suppression issue. Defendant filed a motion to suppress which Judge Espinosa denied. Based on the hearing testimony, she found these facts: On March 16, 2005, Officer Flatley observed defendant, whom the police had previously arrested for drug offenses, walking in a neighborhood known for "a significant number of narcotics transactions." He saw defendant motion to a female companion to stop in front of a building on Elmwood Place. Flatley saw the woman ...