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State v. Cerrone

August 4, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARCO CERRONE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Indictment No. 07-01-0064.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 4, 2009

Before Judges Gilroy and Simonelli.

A Gloucester County Grand Jury charged defendant with third-degree possession of a controlled dangerous substance (CDS) (cocaine), N.J.S.A. 2C:35-10a(1) (count one); third-degree resisting arrest, N.J.S.A. 2C:29-2 (count two); and fourth- degree obstruction of justice, N.J.S.A. 2C:29-1a.*fn1 On December 14, 2007, the trial court conducted an evidentiary hearing on defendant's motions to suppress evidence and to suppress statements he had given to the police after his arrest. The court denied the motions on February 8, 2008, and the matter proceeded to trial on May 7 and 8, 2008. At the close of the State's case, defendant moved for judgment of acquittal. R. 3:18-1. The court granted the motion as to count two only. Following the dismissal of count two, the jury found defendant guilty of count three and not guilty on count one.

On July 3, 2008, the court sentenced defendant on count three to a four-year period of probation, and to 150 hours of community service. The court also imposed all appropriate fines and penalties, and dismissed the three traffic summonses at the request of the State.

On appeal, defendant argues:

POINT I

THE TRIAL COURT ERRED IN PRECLUDING DEFENDANT FROM ACCESSING RECORDS REGARDING THE ARRESTING OFFICER.

POINT II

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE SEIZED FROM HIS CAR.

POINT III

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS THE STATEMENTS HE MADE TO POLICE.

POINT IV

THE TRIAL COURT ERRED IN RULING DEFENDANT'S PRIOR CONVICTIONS ADMISSIBLE AGAINST HIM AT TRIAL.

POINT V

THE COMMENTS BY THE PROSECUTOR DURING SUMMATION WERE PREJUDICIAL AND DENIED ...


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