State v. Hill

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 08-03-0730.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: October 27, 2010

Before Axelrad and R. B. Coleman.

Following denial of a motion to suppress heroin found on his person, defendant Nyking J. Hill pled guilty to second-degree possession of heroin with intent to distribute within 500 feet of public housing, N.J.S.A. 2C:35-7.1. The plea agreement was open-ended as to sentencing and just required the minimum sentence under the Brimage guidelines of seven years incarceration with forty-two months (three and one-half years) of parole ineligibility, with the State having the opportunity to argue for a higher sentence. After dismissing a variety of other drug offenses in accordance with the plea agreement, the court sentenced defendant to a ten-year custodial term with a five-year period of parole ineligibility. Defendant appealed.

In a brief filed by counsel and a pro se reply brief, defendant asserts the following arguments on appeal:

POINT I

THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO SUPPRESS BECAUSE THE PHYSICAL EVIDENCE ESTABLISHING THE BASIS FOR THE SEARCH AND SEIZURE OF MR. HILL WAS DERIVED FROM AN UNLAWFUL SEARCH AND SEIZURE OF HIS CO-DEFENDANT (NOT RAISED BELOW).

POINT II

THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO SUPPRESS BECAUSE THE EVIDENCE WAS SEIZED FROM MR. HILL WITHOUT PROBABLE CAUSE.

POINT III

THE TRIAL COURT ABUSED ITS DISCRETION BY IMPOSING A MANIFESTLY EXCESSIVE SENTENCE.

Based on our review of the record and applicable law, we discern no error by the trial court and affirm ...