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State v. Vaughn

August 17, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JEFFREY VAUGHN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 06-05-0572.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 21, 2010

Before Judges Graves, Sabatino and Newman.

On March 4, 2008, a jury convicted defendant Jeffrey Vaughn of third-degree distribution of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-5(b)(3) (count one)*fn1 , and second-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(b)(2) (count two). The distribution to an undercover police officer occurred in the City of Millville in Cumberland County on November 2, 2005, and defendant was charged with possession of cocaine with intent to distribute on December 2, 2005, when the police executed a search warrant. On April 18, 2008, the court sentenced defendant to an eight-year prison term with four years of parole ineligibility on count two, and a concurrent five-year term with two-and-one-half years of parole ineligibility on count one. Appropriate statutory penalties and assessments were also imposed.

On appeal, defendant presents the following arguments:

POINT I

THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S MOTION FOR DISCLOSURE OF THE CONFIDENTIAL INFORMANTS, IN VIOLATION OF DEFENDANT'S RIGHT TO DUE PROCESS OF LAW.

POINT II

DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIAL BY THE PUBLISHING OF A PRIOR ARREST PHOTO BEFORE THE JURY.

POINT III

THE TRIAL COURT IMPROPERLY DENIED DEFENDANT'S MOTION FOR [JUDGMENT] OF ACQUITTAL.

POINT IV

THE TRIAL COURT ERRED BY NOT ALLOWING DEFENSE COUNSEL TO USE THE ATTORNEY GENERAL GUIDELINES REGARDING IDENTIFICATION PROCEDURES TO CROSS-EXAMINE OFFICER SHAW, THEREBY DENYING MR. VAUGHN HIS RIGHT TO A FAIR TRIAL.

([A]) THE TRIAL COURT ERRED BY NOT ALLOWING DEFENSE COUNSEL TO QUESTION A STATE'S WITNESS ABOUT WHETHER THE IDENTIFICATION PROCEDURE USED FOLLOWED THE ATTORNEY GENERAL'S GUIDELINES.

POINT V

THE SENTENCE IMPOSED BY THE TRIAL COURT WAS ...


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