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State v. Patrick

May 4, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KHALIL PATRICK, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 05-06-0653.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 19, 2010

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.

I.

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 ...


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