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State v. Long

July 7, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WAFI R. LONG, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 06-10-0939 and 06-08-0745.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 2, 2010

Before Judges Skillman and Fuentes.

Defendant Wafi R. Long pled guilty to first degree attempted murder, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1), and first degree aggravated manslaughter, N.J.S.A. 2C:11-4a(1), as amended from the charge of murder, N.J.S.A. 2C:11-3. At the time of sentencing, defendant, who by then was represented by a different attorney, moved to withdraw his guilty plea arguing that, at the time he pled guilty, he believed he would be sentenced to a term not to exceed five years.

After hearing argument from counsel, the court denied defendant's motion and the matter proceeded to sentencing. Pursuant to the plea agreement, the court sentenced defendant to an aggregate term of nineteen years, with an eighty-five percent period of parole ineligibility, and a five-year period of parole supervision under the No Early Release Act, N.J.S.A. 2C:43-7.2. The court also imposed the mandatory fines and penalties upon him.

Defendant now appeals raising the following arguments:

POINT I

THE STOP AND SUBSEQUENT SEARCH OF DEFENDANT WAS NOT SUPPORTED BY A "REASONABLE AND ARTICULABLE" SUSPICION OF CRIMINAL ACTIVITY, NO LESS PROBABLE CAUSE. THEREFORE, THE WARRANTLESS SEARCH OF DEFENDANT'S PERSON WAS NOT JUSTIFIED. U.S. CONST. AMEND. IV, XIV; N.J. CONST. (1947) ART. I, PAR. 7.

POINT II

SHOULD THIS COURT REVERSE DEFENDANT'S CONVICTION FOR ATTEMPTED MURDER ON INDICTMENT NO. 06-08-745, THEN THE GUILTY PLEA TO AGGRAVATED MANSLAUGHTER ON INDICTMENT NO. 06-10-939 MUST ALSO BE VACATED.

POINT III

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEAS PRIOR TO SENTENCING.

We affirm. With respect to defendant's argument challenging the trial court's denial of his motion to suppress, the State has adopted defendant's account of the facts ...


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