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State v. Bond

August 27, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DUANE BOND, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 07-04-1426.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 17, 2010

Before Judges Lihotz and Baxter.

Defendant Duane Bond appeals from his May 20, 2008 conviction on charges of second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2 (count one); and two counts of first-degree robbery, N.J.S.A. 2C:15-1 (counts three and four). After merging count one into count three, the judge sentenced defendant on counts three and four to concurrent twelve-year terms of imprisonment, subject to the eighty-five percent parole ineligibility term required by N.J.S.A. 2C:43-7.2.

On appeal, defendant raises the following claims:

I. THE COURT ERRED IN DENYING DEFENDANT-APPELLANT'S APPLICATION TO SUPPRESS THE EVIDENCE SEIZED UPON ARREST. THE ARREST WAS NOT SUPPORTED BY PROBABLE CAUSE AND THEREFORE THE SEARCH INCIDENT TO ARREST EXCEPTION TO THE WARRANT REQUIREMENT DID NOT APPLY.

A. The Criteria of the Search Incident to Arrest Exception to the Warrant Requirement Were Not Met.

B. The Court Relied upon Facts Not in Evidence in Reaching [its] Decision in the Suppression Motion.

II. THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE.

Defendant filed a pro se letter brief arguing that the judge's finding of the aggravating and mitigating factors was incorrect and the sentence imposed was excessive.

We reject these contentions and affirm defendant's conviction and sentence.

I.

On February 8, 2007, Officers Anthony Farmer and Lester Wilson of the Irvington Police Department received a radio dispatch informing them of an armed robbery in progress at the nearby Victory Pharmacy, located on Springfield Avenue in Irvington, a high-crime area. The dispatch tape, which was received in evidence, includes a warning from the dispatcher that the suspects were believed to have a gun. Because the officers were only three blocks away from the pharmacy at the time they heard the radio transmission, ...


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